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JAN-24.200S 10:40 FROM-SE MECHANICAL CONTRACTORS LTD 954 987 4490 T-61S P.012/020 F-830 M. Southeast Mechanical Contractors shall not be required to furnish any irems of equipment, labor, or make spec: al tests recommended or required by insurance companies, Federal State Municipal or other authorities except as otherv. ise included in Lhis Agr~ement. N. This agreement does not include rhe cleaning of any air passages, grilles. 01' air balancing of systems. O. In the event either party must commence a legal action in order to enforce any rights under this conn-act, rhe suc.:essful pnrry shill be entitled to all court costs and reasonable attomey's fees as determined by the coun for prosecuting and (lefending the claim, as rhe case may be, P. Southeast Mechanical ContraclOrs shall not be liable ror the operation of the equipmem nor for injuries to pers)ns or damage to property, except tho~e direcdy due to the negligent acts or omissions ofits employees and in no evelll shall ir be liable for consequential or speculative damnges. It shall not be liabl~ for expense incurred in removing, replacing or refinishing any pan of the building structure necessary to the execution of this Agreement. It shall not be held Jj able for any loss by reason of strikes or labor troubles affecting it" employees who perform the service called for herein. delays in transpoltation, delays caused by priority or preference rating, or orders or regulations esrablished by any govern nenl, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable conlIol. Q. Only Southea~.t Mechanical Contractors's per~onnel or agent are authorized to perform thc work included in the scope of this Agreement. Southeast Meclumical Contractors may, at its option, cancel or waive its obligations under this Agreement should non-authorized individuals perform such work. R. This Agreement and all rights hereunder shall not be assignnble unless approved by Southeast Mechanical Contractors. S. In the event of additional freight, labor. or material COSlS resulting from a City of Sunny Isles's request to avoid delays with respect to equipment wnrranties, or accelerated delivery of parls and supplies, the Customer agrees to pay rhese additional costs al Southeast Mechanical Contractors's currently established rates. T. Southeast Mechanical CantraclOrs's scope of work shall not include the identificalion, detection, abatement, encapsulation or removal of asbestos Or producrs or materials conmining asbestos or similar hazardous substances. In the eveJlt Southeast Mecho.nical Contr~tors encounters such material in perfonning its work, Southeast Mechanical Contractors ....ilI have the right to discontinue work and remove itS employees unlilthe h82ard is corrected or its detennined no hazard ex.i.ts. u. Thi~ Agreement contains the entire Contract and the partieS hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties. nnd no statement, remark, agreement or, understanding, oral or written, not contained herein. will be recognized or enforced. v. This agreement does nor include the disposal of hazardous waste, any charges incurred for their proper disposal will be born by the customer as an extra to me contract price. w. The City of Sunny Isles agrees that in the event that there shall have been passed a federnl and/or state law whi(:h shall compel Somlzeast Mechankal Contracton to contribute to a federal and/or state health plan for its employees, then the terms of this Agreement shall be subject to adjustment 10 me extent that the cost of such mandated conlributiom, increase by Southeast Mechanical Contractors's cost of performing this contract. x. The City of Sunny Isles acknowledges and agrees that any purchilse order issued by Southeast Mechanical COlltractors, in accordance with this Agreemenr, is intended only to establish payment authority for City of Sunny Isles's Interllsl nccounling purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or DIher revisi:mlo the terms of this agreement. No term or condition included in the City of Sunny Isles's purchase order will have allY force or cEEecr. Y. Should the COntract be canceled witham due cause, the Customer shall pay Southaa~t Mechanical Contractors 25% of lhe annual price in addition to any previous amounr paid. iJt:- Programmed Mainrenance Agreement 01/24/06 Page J 1 or 19 SiB