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During the term hereof;Customer shaliprovide:the Contractor with access to the System. Access <br /> Includes:electrical controls&disconnects;°and sufficient"workspace to perform the necessary <br /> maintenance,services.. <br /> 2.0 TERMS OF AGREEMENT <br /> This Agreement shall be for a period of 24 months from the date of system start-up,or on the <br /> date Contract is signed on an existing system unless otherwise terminated or cancelled by either party <br /> asprovided herein: <br /> 30 CHARGES <br /> The basic services,including service;inspection and effluent<quality evaluation shall:be <br /> Included With the purchase of the:System. The annual report and annual evaluation fee required by <br /> DEQ isnot optional,and will,be included in the cost of basic services. Refer.to°Service:Provider's;fee <br /> schedule.for an outline of the cost of basic services and optional services to be provided under this <br /> contract <br /> Services performed outside the scope of the Maintenance Contract shall be billed on a time <br /> and material basis and be due and payableupon:receipt o(the'Service:Provider's invoice. <br /> The:system,all components and hardware are the property.Of..Service Provider until final. <br /> .payment has been received and funds have cleared. <br /> 4:0 WARRANTY <br /> Service Provider warrants that:all Services shall be performed Ina good and workmanlike <br /> manner and that Service Provider will correct any System errors,,malfunctions,,or defects directly, <br /> caused by Service Provider's failure to:perform the Services and Additional Services in-such manner. <br /> 5,0 LIMITATION OF LIABILITY <br /> The sole liability of Service Provider under this agreement shall be to correct any errors, <br /> malfunctions or defects in the system directly caused by S:ervice Provider`s failure to perform any <br /> services ina good and workmanlike manner pursuant•to Section 4 above. In no event-shall the Service <br /> Provider's liability to the Customer hereunder exceed:the_total of the amounts-paid to Service Provider <br /> hereunder by the Customer:, In no event shall Service Provider be liable to the Customer or any <br /> third-partyclaimant for any Indirect,special,punitive,consequential or incidental damages or lost. <br /> profits arisingout of or related to this Agreement or the performance or breach thereof,whether based <br /> upona claim or action of contract,warranty,negligence orstrict liability or other sort,breach of any <br /> statutoryduty;indemnity,or contribution or otherwise,even,if the Service Provider has been`advised of <br /> the possibility of such damages. <br /> X6;0 TERMINATION/CANCELLATION <br /> This:Agreement Maybe terminated or cancelled under the;following.-circumstances: <br /> Writtemnotice by one party effectiveas of the effective date thereof if the other Partyis`in <br /> default_of any provisions of:this Agreement and such default is not cured by the defaulting Party within <br /> fifteen(15)days after the effective date of said notice from the.non defaulting'>party: <br />