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Town of Boston Highway-SOS FA Retrofit - CPQ-1236102 Johnson Controls Reference:CPQ-1236102 Proposal #: 1 Date: 04/07/2026 Page: 6 of 12 Customer’s on-site representative prior to work. Should such material breach of this Agreement. If Customer adds any third repair work be declined,Company shall be relieved from any party device or equipment to the Covered System(s), Company and all liability arising there from.Customer further agrees to: shall not be responsiblefor any damage to or failure of the • provide Company clear access to Covered System(s) to be Covered System(s) caused in whole or in part by such device serviced including, if applicable, lift trucks or other equipment or equipment. needed to reach inaccessible equipment; 12. Reports. Where inspection and/or test services are • supply suitable electrical service, heat, heat tracing adequate watersupply, and required system schematics and/or drawings; selected, such inspection and/or test shall be completed on • notify all required persons, including but not limited to Company’s then current report form, which shall be given to authorities having jurisdiction, employees, and monitoring Customer, and, where applicable,Company may submit a copy services, of scheduled testing and/or repair of systems; thereof to the local authority having jurisdiction. The report and • provide a safe work environment; recommendations by Company are onlyadvisory in nature and • in the event of an emergency or Covered System(s) failure, are intended to assist Customer in reducing the risk of loss to take reasonable precautions to protect against personal injury, property by indicating obvious defects or impairments noted to death, and/or property damage and continue such measures until the Covered System(s) are operational; and the system and equipment inspected and/or tested. They are • comply with all laws, codes, and regulations pertaining to the not intended to imply that no other defects or hazards exist or equipment and/or Services provided under this that all aspects of the Covered System(s), equipment, and Agreement.Customer represents and warrants that it has the components are under control at thetime of inspection. Final right to authorize the Services to be performed as set forth in responsibility for the condition and operation of the Covered this Agreement. System(s) and equipment and components lies with Customer. JCI may terminate the Services immediately upon notice to the 13. Availability and Cost of Steel, Plastics & Other Customer if JCI, in its sole discretion determines that the Customer’s premises are unsafe to be accessed by JCI’S Commodities. Company shall not be responsible for failure to employees or subcontractors. JCI may terminate the Services provide services, deliver products, or otherwise perform work upon notice to the Customer, if Customer does not follow JCI’s required by this Agreement due to lack of available steel recommendations for updates and upgrades to the equipment products or products made from plastics or other commodities. and systems. In the event Company is unable, after reasonable commercial Customer represents and warrants that it has the right to efforts, to acquire and provide steel products, or products made authorize the Services to be performed as set forth in this Agreement. Customer is solely responsible for the from plastics or other commodities, if required to perform work establishment, operation, maintenance, access, security and required by this Agreement, Customer hereby agrees that other aspects of its computer network (“Network”) and shall Company may terminate the Agreement, or the relevant portion supply Company secure Network access for providing its of the Agreement, upon notice to Customer and at no additional services. Products networked, connected to the internet, or cost and without penalty. Customer agrees to pay Company otherwise connected to computers or other devices must be infull for all work performed up to the time of any such appropriately protected by Customer and/or end user against termination. unauthorized access. Customer is responsible to take appropriate measures, including performing back-ups, to 14. Confined Space. If access to confined space by Company protect information, including without limit data, software, or is requiredfor the performance of Services, Services shall be files (collectively “Data”) prior to receiving the service or scheduled and performed in accordance with Company’s then- products. current hourly rate. 10. Repair Services. Where Customer expressly includes 15. Hazardous Materials. Customer represents that, except to repair,replacement, and emergency response services in the the extent that Company has been given written notice of the Service Solution section of this Agreement, such Services following hazards prior to the execution of this Agreement, to apply only to the components or equipment of the Covered the best of Customer’s knowledge there is no: System(s). Customer agrees to promptly request repair • Space in which work must be performed that, because of its services in the event the System becomes inoperable or construction, location, contents or work activity otherwise requires repair. The Agreement price does not therein,accumulation of a hazardous gas, vapour, dust or fume include repairs to the Covered System(s) recommended by or the creation of an oxygen-deficient atmosphere may occur, Company as a result of an inspection, for which Company will • “permit confined space,” as defined by OSHA for work submit independent pricing to Customer and as to which Company performs in the United States; Company will not proceed until Customer authorizes such work • risk of infectious disease; and approves the pricing. Repair or replacement of non- • need for air monitoring, respiratory protection, or other maintainable parts of the Covered System(s) including, but not medical risk;or limited to, unit cabinets, insulating material, electrical wiring, • asbestos, asbestos-containing material, formaldehyde or structural supports,and all other non-moving parts, is not other potentially toxic or otherwise hazardous material included under this Agreement. contained in or on the surface of the floors, walls, ceilings, 11. System Equipment. The purchase of equipment or insulation or other structural components of the area of any peripheral devices, (including but not limited to smoke building where work is required to be performed under this detectors, passive infrared detectors, card readers, sprinkler Agreement. system components, extinguishers and hoses) from Company All of the above are herein after referred to as “Hazardous shall be subject to the terms and conditions of this Agreement. Conditions.”Company shall have the right to rely on the If, in Company’s sole judgment, any peripheral device or other representations listed above.If Hazardous Conditions are system equipment, which is attached to the Covered encountered by Company during the courseof Company’s System(s), whether provided by Company, Customer or a third work, the discovery of such materials shall constitute an event party, interferes with the properoperation of the Covered beyond Company’s control, and Company shall have no System(s), Customer shall remove or replace such device or obligation to further perform in the area where the Hazardous equipment promptly upon notice from Company. Failure of Conditions exist untilthe area has been made safe by Customer Customer to remove or replace the device shall constitute a as certified in writing by an independent testing agency, and Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America © 2024 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED