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

NYC 9/11 Public Portal Document

Service Agreement February 17, 1999

Page 5...

Kaback shall use best efforts however, to supply the labor necessary to clean the sludge and other materials from water strainers that interfere with the operation of the Air Conditioning Equipment listed above.

11. Insurance. Kaback carries Workman's Compensation, Public Liability and Property Damage insurance covering the acts of Kaback employees during the performance of this Air Conditioning Service Agreement. 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 injuries to person or property directly due to the negligent acts or omissions of Kaback's employees while acting within the scope of their duties.

12 . Overtime and Emergencies. All maintenance service is to be performed during regular working hours of regular working days (8:30 am to 5:00 pm, Monday to Friday, inclusive), unless otherwise specified. Examinations and repairs requiring overtime and emergency adjustment call back service are not included in this agreement, and in the event Kaback makes any emergency maintenance service in periods outside of regular working hours of regular working days, you agree to pay Kaback a billing rate of $75.00 per hour, per man for premium time. Such overtime charges shall not be less than four hours per man on Saturdays at a rate of $97.50 per hour and a full day on Sundays and holidays at a rate of $130.00 per hour. **In emergencies as deemed by O.E.M. a one hour response time will be guaranteed by KABACK ENTERPRISES, INC., during an emergency Office of Emergency Management will take priority over all KABACK ENTERPRISES, INC. customers.**

13 . Compliance With Laws. Customer shall be responsible for any costs required to comply with laws and/or regulations imposed or set forth by governmental authorities including but not limited to storage, handling, recovery and/or recycling of refrigerant .

14 . Acceptance and Modifications. This Air Conditioning Service Agreement when signed by Customer and by an authorized representative of Kaback shall constitute a binding agreement between Customer and Kaback. All prior representations or agreements, whether written or verbal, not incorporated

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NYC-WTC_000173956