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McKinley Service & Equipment, Inc. Quote #3232 - Terms & Conditions 13. REMOTE MONITORING (a) City of nalaska agrees to comply with remote monitoring requirements per Exhibit D, attached hereto. 14. INTELLECTUAL PROPERTY (a) City of nalaska acknowledges and agrees that the Products and Components are proprietary to ElectraTherm and that ElectraTherm (or its suppliers) retain exclusive ownership of all Intellectual Property Rights embodied in the Products and Components. (b) City of nalaska will not develop, manufacture, distribute, market, lease or sell a) any heat or pressure generators or twin screw expanders using, referencing, derived from, or covered by ElectraTherm’s Intellectual Property Rights or Confidential Information and will not enable any third party to do (or enter into a Third Party Agreement with a third party that is doing) any of the foregoing, and, or b) any heat electricity generators operating on heat flows under one hundred twenty degrees Celsius. (c) City of nalaska is not granted any rights or license to any Intellectual Property Rights with respect to any Product or any Component thereof. 15. SUPPORT WARRANTY LIMITATION OF LIABILITY (a) Technical Support. SE will provide standard initial technical assistance to trained City of nalaska engineers as may be reasonably necessary for City of nalaska to use the Products, including, without limitation, reasonable telephone, fax and e-mail support during SE’s normal business hours. (b) Training. City of nalaska agrees to have at least two engineers in attendance at the commissioning and start up at City of nalaska’s installation for training in use of the Product. (c) Consulting Support. At City of nalaska’s request and at the discretion of SE, SE may provide support and consulting services on a time and material basis pursuant to a separate written agreement entered into between the parties. (d) Warranty. SE warrants that (a) for one (1) year from the date of commissioning, or for 1 year from one hundred and fifty (150) days from date of shipment of Product from the factory, whichever comes first, Products sold hereunder will function in accordance with standard specifications for the Products, and (b) SE is passing good title in Products sold to City of nalaska. This warranty is extended only to City of nalaska by the Seller. The warranties set forth in this Section will not apply to: (a) any “Third Party Product”, whether or not such “Third Party Product” is provided by SE (b) any Products that have been modified, repaired or altered, except by SE or its authorized representative (c) any Products which have not been properly installed or maintained in accordance with any handling or operating instructions supplied by SE or (d) any Products that have been subjected to physical or electrical stress, misuse, abuse, negligence or accidents. In no case will SE be responsible to replace refrigerant. This warranty does not cover corrosion resulting from the effects of physical or chemical properties of water, steam or the liquids or gases used in or in proximity of the equipment. Page 12 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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