Air conditioning service agreement, OEM 7 WTC, Feb 17, 1999

NYC 9/11 Public Portal Document

Service Agreement February 17, 1999

Page 4...

7. Liability for Negligence. Nothing in this Air Conditioning Service Agreement shall be construed to mean that Kaback assumes any liability on account of injuries to persons or to property, except those directly due to the negligent acts or omissions of Kaback's employees. Customer's own respon­ sibility for accidents to property or to persons while being in or about the Air Conditioning Equipment, is in no way affected by this Air Conditioning Equipment. Kaback does not assume the risk or loss resulting from water damage, nor is Kaback liable for any damage, direct or consequential, that may be due to its inability for any cause to supply personnel or parts unless Kaback fails to provide parts within a reasonable time after Customer's request thereof.

8. Excused from Performance. Kaback shall be excused from the performance of its obligations hereunder and shall not be responsible or liable for any loss, damages, (including consequential damages), during the period of any detention or delay resulting from accidents, strikes, lockouts, fires. freezing, flood, explosion, theft, lightning, vandalism. abnormal use of equipment, failure of power supply. blown fuses, windstorm, earthquake, floods, storms, riot. civil commotion, malicious mischief. Act of God, or any cause beyond the reasonable control of Kaback, whether or not the same is herein specified. Kaback may, in its sole and uncontrolled discretion, withhold service where the payments required hereunder are in arrears, without being liable for any damage, direct or consequently, resulting from its refusal to render the services required hereunder.

9. Cooperation of Users. It is understood that Customer's representatives and employees shall, at all times, cooperate with employees of Kaback to the best of their ability but without being required to undertake or assist in any of the duties and responsibilities undertaken herein by Kaback.

10 . Airborne Contaminants. Since Kaback has no control over the contaminants airborne or otherwise that may enter the water cooled or air cooled condensers, Kaback assumes no respon­ sibility for damage, direct or consequential, resulting from any clogging, corrosion, scaling or other deleterious action. continued.../

NYC-WTC_000173955