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Solution section of this Agreement, such Services apply only to the
<br />components or equipment of the Covered System(s). Customer
<br />agrees to promptly request repair services in the event the System
<br />becomes inoperable or otherwise requires repair. The Agreement
<br />price does not include repairs to the Covered System(s)
<br />recommended by Company as a result of an inspection, for which
<br />Company will submit independent pricing to Customer and as to
<br />which Company will not proceed until Customer authorizes such
<br />work and approves the pricing. Repair or replacement of non-
<br />maintainable parts of the Covered System(s) including, but not
<br />limited to, unit cabinets, insulating material, electrical wiring,
<br />structural supports, and all other non-moving parts, is not included
<br />under this Agreement.
<br />11. System Equipment. The purchase of equipment or peripheral
<br />devices, (including but not limited to smoke detectors, passive
<br />infrared detectors, card readers, sprinkler system components,
<br />extinguishers and hoses) from Company shall be subject to the
<br />terms and conditions of this Agreement. If, in Company’s sole
<br />judgment, any peripheral device or other system equipment, which
<br />is attached to the Covered System(s), whether provided by
<br />Company, Customer or a third party, interferes with the proper
<br />operation of the Covered System(s), Customer shall remove or
<br />replace such device or equipment promptly upon notice from
<br />Company. Failure of Customer to remove or replace the device shall
<br />constitute a material breach of this Agreement. If Customer adds
<br />any third party device or equipment to the Covered System(s),
<br />Company shall not be responsible for any damage to or failure of
<br />the Covered System(s) caused in whole or in part by such device or
<br />equipment.
<br />12. Reports.Where inspection and/or test services are selected,
<br />such inspection and/or test shall be completed on Company’s then
<br />current report form, which shall be given to Customer, and, where
<br />applicable, Company may submit a copy thereof to the local
<br />authority having jurisdiction. The report and recommendations by
<br />Company are only advisory in nature and are intended to assist
<br />Customer in reducing the risk of loss to property by indicating
<br />obvious defects or impairments noted to the system and
<br />equipment inspected and/or tested. They are not intended to imply
<br />that no other defects or hazards exist or that all aspects of the
<br />Covered System(s), equipment, and components are under control
<br />at the time of inspection. Final responsibility for the condition and
<br />operation of the Covered System(s) and equipment and
<br />components lies with Customer.
<br />13. Availability and Cost of Steel, Plastics & Other
<br />Commodities.Company shall not be responsible for failure to
<br />provide services, deliver products, or otherwise perform work
<br />required by this Agreement due to lack of available steel products
<br />or products made from plastics or other commodities. In the event
<br />Company is unable, after reasonable commercial efforts, to acquire
<br />and provide steel products, or products made from plastics or
<br />other commodities, if required to perform work required by this
<br />Agreement, Customer hereby agrees that Company may terminate
<br />the Agreement, or the relevant portion of the Agreement, at no
<br />additional cost and without penalty. Customer agrees to pay
<br />Company in full for all work performed up to the time of any such
<br />termination.
<br />14. Conflned Space. If access to conflned space by Company is
<br />required for the performance of Services, Services shall be
<br />scheduled and performed in accordance with Company’s then-
<br />current hourly rate.
<br />15. Hazardous Materials. Customer represents that, except to the
<br />extent that Company has been given written notice of the following
<br />hazards prior to the execution of this Agreement, to the best of
<br />Customer’s knowledge there is no:
<br />•Space in which work must be performed that, because of its
<br />construction, location, contents or work activity therein,
<br />accumulation of a hazardous gas, vapour, dust or fume or the
<br />creation of an oxygen-deflcient atmosphere may occur,
<br />•“permit conflned space,” as deflned by OSHA for work Company
<br />performs in the United States;
<br />•risk of infectious disease;
<br />•need for air monitoring, respiratory protection, or other medical
<br />risk; or
<br />•asbestos, asbestos-containing material, formaldehyde or other
<br />potentially toxic or otherwise hazardous material contained in
<br />or on the surface of the fioors, walls, ceilings, insulation or other
<br />structural components of the area of any building where work is
<br />required to be performed under this Agreement.
<br />All of the above are hereinafter referred to as “Hazardous
<br />Conditions.” Company shall have the right to rely on the
<br />representations listed above. If Hazardous Conditions are
<br />encountered by Company during the course of Company’s work,
<br />the discovery of such materials shall constitute an event beyond
<br />Company’s control, and Company shall have no obligation to
<br />further perform in the area where the Hazardous Conditions exist
<br />until the area has been made safe by Customer as certifled in
<br />writing by an independent testing agency, and Customer shall pay
<br />SERVICE SOLUTION
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