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0 Tit/111E
<br /> Building Services
<br /> 7.Customer Obligations. Customer shall: (m)Any claims, damages, losses, or expenses, arising from or related to
<br /> (a)Provide Trane reasonable and safe access to all Equipment; conditions that existed in, on, or upon the premises before the effective
<br /> (b) Follow manufacturer recommendations concerning teardown and date of this Agreement ("Pre-Existing Conditions"), including, without
<br /> internal inspection, major overhaul, restoration or refurbishing of the limitation, damages, losses, or expenses involving pre-existing building
<br /> Equipment; unless expressly stated in the Scope of Services statement, envelope issues, mechanical issues, plumbing issues, and/or indoor air
<br /> Trane is not performing any manufacturer recommended teardown and quality issues involving mold/mould and/or fungi;
<br /> internal inspection, major overhaul, restoration or refurbishing of the (n) Replacement of refrigerant is excluded, unless replacement of
<br /> equipment; Trane shall not be responsible to perform any subsequent refrigerant is expressly stated as included within the scope of Trane's
<br /> repairs to the Equipment necessitated by Customer's failure to follow such Services, in which case replacement shall in no event exceed the stated
<br /> manufacturer recommendations; percentage of rated system charge per year expressly stated in the scope
<br /> (c) Reimburse Trane for services, repairs, and/or replacements performed of Services. Customer shall be responsible for the cost of any additional
<br /> by Trane beyond the"Scope of Services"or otherwise excluded hereunder. replacement refrigerant;
<br /> Such reimbursement shall be at the then prevailing overtime/holiday rates (o)Operation of the equipment;
<br /> for labor/labour and prices for materials and may at Trane's option be (p)Any claims, damages, losses, or expenses, arising from or related to
<br /> subject to a separate written agreement prior to its undertaking such work; work done by or services provided by individuals or entities that are not
<br /> and employed by or hired by Trane.
<br /> (d) Unless water treatment is expressly included in Trane's Scope of
<br /> Services,provide professional cooling tower water treatment in accordance 9.Warranties. (a)Trane manufactured material supplied and installed by
<br /> with any reasonable recommendations provided by Trane. Trane is warranted to be free from defect in material and manufacture for a
<br /> period of twelve months from the earlier of the date of start-up or
<br /> 8. Exclusions. Unless expressly included in "Scope of Services" or replacement and Trane's obligation under this warranty is limited to
<br /> "Equipment Coverage," the services to be provided by Trane do not repairing or replacing the defective part at its option; (b) labor/labour is
<br /> include,and Trane shall not be liable for,any of the following: warranted (to have been properly performed)for a period of 90 days from
<br /> (a)Any guarantee of room conditions or system performance; completion and Trane's obligation under this warranty is limited to
<br /> (b) Inspection, maintenance, repair, replacement of or services for: chilled correcting any improperly performed labor/labour; and (c) non-Trane
<br /> water and condenser water pumps and piping; electrical disconnect equipment and/or parts are not warranted by Trane and shall have such
<br /> switches or circuit breakers; motor starting equipment that is not factory warranties as are extended to Trane by the respective manufacturer.
<br /> mounted and interconnecting power wiring; recording or portable Labor/labour to install parts supplied by Customer is not warranted by
<br /> instruments, gauges or thermometers; non-moving parts or non- Trane. Notwithstanding the foregoing, all warranties provided herein
<br /> maintainable parts of the system, including, but not limited to, storage terminate upon termination or cancellation of this Agreement. THE
<br /> tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU
<br /> drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN
<br /> or refrigerant; insulation; pipe covering; refractory material; fuses, unit CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR
<br /> cabinets; electrical wiring; ductwork or conduit; electrical distribution IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
<br /> system; hydronic structural supports and similar items; the appearance of AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A
<br /> decorative casing or cabinets; damage sustained by other equipment or PARTICULAR PURPOSE. IN NO EVENT SHALL TRANE BE LIABLE FOR
<br /> systems; and/or any failure, misadjustment or design deficiencies in other ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL(INCLUDING WITHOUT
<br /> equipment or systems; LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES.
<br /> (c)Repairs or replacement of parts made necessary as a result of electrical NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR
<br /> power failure, low voltage, burned out main or branch fuses, low water FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE
<br /> pressure, vandalism, misuse or abuse, improper operation, unauthorized SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD,
<br /> alteration of Equipment, accident, negligence of Customer or others, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER
<br /> damage due to freezing weather,calamity or malicious act; CONTAMINATES. TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF
<br /> (d)Any damage or malfunction resulting from vibration, electrolytic action, THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED
<br /> freezing, contamination, corrosion, erosion, or caused by scale or sludge TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS.
<br /> on internal tubes except where water treatment protection services are
<br /> provided by Trane as part of this Agreement; 10.Indemnity. Trane and Customer shall indemnify,defend and hold each
<br /> (e) Furnishing any items of equipment, material, or labor/labour, or other harmless from any and all claims,actions,costs,expenses,damages
<br /> performing special tests recommended or required by insurance companies and liabilities, including reasonable attorneys'fees, resulting from death or
<br /> or federal,state,or local governments; bodily injury or damage to real or personal property, to the extent caused
<br /> (f) Failure or inadequacy of any structure or foundation supporting or by the negligence or misconduct of the indemnifying party, and/or its
<br /> surrounding the Equipment or any portion thereof; respective employees or agents. If the parties are both at fault, the
<br /> (g) Building access or alterations that might be necessary to repair or obligation to indemnify shall be proportional to their relative fault. The duty
<br /> replace Customer's existing equipment; to indemnify will continue in full force and effect, notwithstanding the
<br /> (h) The normal function of starting and stopping the Equipment or the expiration or early termination hereof,with respect to any claims based on
<br /> opening and closing of valves, dampers or regulators normally installed to facts or conditions that occurred prior to expiration or termination.
<br /> protect the Equipment against damage;
<br /> (i)Valves that are not factory mounted: balance, stop, control, and other 11. Limitation of Liability. NOTWITHSTANDING ANY CONTRARY
<br /> valves external to the device unless specifically included in the Agreement; PROVISION, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL,
<br /> (j)Any responsibility for design or redesign of the system or the Equipment, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE
<br /> obsolescence,safety tests,or removal or reinstallation of valve bodies and (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS),
<br /> dampers; WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE,
<br /> (k)Any services, claims, or damages arising out of Customer's failure to STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS, OR
<br /> comply with its obligations under this Agreement; PUNITIVE DAMAGES.
<br /> (I) Failure of Customer to follow manufacturer recommendations
<br /> concerning overhaul and refurbishing of the Equipment;
<br /> ©2009 Trane All rights reserved Page 10 of 11 Select Service Agreement
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