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7. Environmental Laws: For purposes of this Agreement, the term “Environmental Laws” shall mean
<br />any Federal, State and local laws, statutes, ordinances, rules, regulations and final orders applicable to the
<br />Property, which regulate or pertain to the environment or environmental matters, including without limitation:
<br />the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et
<br />seq.; The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; The Clean Air Act, 42
<br />U.S.C. Section 7401 et seq.; The Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; The
<br />Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136 et seq.; The Toxic Substances
<br />Control Act, 15 U.S.C. Section 2601 et seq.; The Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; The
<br />Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. Section 11001, et seq.; and The
<br />Hazardous Materials Transportation Act, 49 U.S.C. Section 5101 et seq., as amended as the date of this
<br />Agreement, and the regulations and rules promulgated thereunder.
<br />8. Safety: The Client acknowledges that it is assuming the role of Host Employer and shall comply with
<br />the Occupational Safety and Health Act of 1970. The Client shall inform Contractor and its personnel of site
<br />specific safety requirements and hazards, including, but not limited to, lockout/tagout procedures, confined
<br />space entry, toxic atmospheres, hazard communication, high voltage rules and any other actual or potential
<br />hazards.
<br />9. Warranties: Contractor warrants that the services provided by it pursuant to this Agreement shall be
<br />performed to the standards customarily provided by members of the same or similar profession under
<br />similar conditions. CONTRACTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE FITNESS
<br />OF A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTIBILITY OR ANY OTHER WARRANTY.
<br />CONTRACTOR EXPRESSLY DISCLAIMS ALL ORAL WARRANTIES AND ANY OTHER WARRANTY NOT
<br />SPECIFICALLY MENTIONED HEREIN. CONTRACTOR SPECIFICALLY DISCLAIMS ANY WARRANTY
<br />CONCERNING THE ACCURACY OR SUFFICIENCY OF ANY ADVICE OR RECOMMENDATIONS GIVEN TO
<br />CLIENT IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT. Contractor
<br />shall have no liability for defects in any performance attributed to Contractor’s use of or reliance upon
<br />information furnished to it by others, including Client and/or for defects in performance based upon site
<br />conditions, whether latent or obvious, which were not expressly made known to Contractor at the time
<br />service commenced. Under no circumstances will Contractor, or any person or entity acting through it, be
<br />liable for damages caused by Contractor’s destruction and waste removal methodologies that in
<br />Contractor’s sole opinion, are required by the job covered under this Agreement. Under no circumstances
<br />will Contractor, or any person or entity acting through it, be liable to Client for any Consequential, Incidental,
<br />Special, Punitive or Other Indirect Damages, or damages for delay, loss of productivity, loss of use, or lost
<br />profits associated with the job covered by this Agreement. Client knowingly and expressly waives all claims
<br />for loss or damage, including those arising from breach of contract, breach of warranty or negligence,
<br />claimed to have arisen out of the performance of the job covered by this Agreement, unless Client gives
<br />Contractor written notice of such claimed breach or negligence within thirty ( 30) days after such alleged
<br />occurrence.
<br />10. Leased Equipment: Any Leased Equipment provided by Contractor shall at all times be the property
<br />of Contractor with the exception of certain miscellaneous installation materials purchased by the customer,
<br />and no right or property interest is transferred to the Customer hereunder, except the right to use any such
<br />Equipment as provided here. Customer agrees that it shall not pledge, lend, or create a security interest in,
<br />part with possession of, or relocate the equipment. Customer shall be responsible to maintain the
<br />Equipment in good and efficient working order.
<br />11. Indemnification: Contractor shall hold Client harmless from any lawsuits against Client resulting
<br />from the willful acts or gross negligence of Contractor occurring in the performance of its obligations under
<br />this Agreement. Contractor’s liability shall be limited to the sum of the contract between Contractor and
<br />Client and shall not exceed the limits of any insurance coverage maintained by Contractor and applicable to
<br />such occurrence and/or the job covered by this Agreement. These limitations apply whether the liability is
<br />based on contract, tort, strict liability or any other theory. Client agrees to indemnify and hold Contractor
<br />harmless from any and all claims, demands, losses, costs, lawsuits, penalties and fines which relate to or
<br />arise from the willful acts or gross negligence of Client occurring in the performance of its obligations under this
<br />Agreement job covered under this Agreement. Without limiting the foregoing, Client further agrees to
<br />Docusign Envelope ID: 94AAA4D7-C840-881C-82FA-B9936480AF35
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