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McKinley Service & Equipment, Inc. Quote #3232 - Terms & Conditions ATTER, WHETHER FOR BREACH, E I E CE, I FRI E E T, I TORT OR OTHERWISE, WI BE I ITED TO THE REATER OF 2,000,000 OR THE A O T THAT SE’S I S RA CE CARRIERS ACT A REIBRSE SEFORA SCHIABIIT. 16. INDEMNIFICATION. (a) City of nalaska will defend (at SE’s request) and pay all damages, costs, liabilities, expenses (including reasonable attorneys’ fees) awarded and reasonable settlement amounts due in connection with, any suit, claim or action by any third party against SE as a result of installation or other support of the Products other than by SE or its authorized service agent. 17. MISCELLANEOUS TERMS (a) Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Alaska, .S.A., without reference to its conflicts of law provisions. The parties agree that all matters concerning this Agreement will be determined by the federal or state courts of the State of Alaska., and consent to jurisdiction of such courts and service of process by mail or other means of hard copy delivery, such as fax, is hereby granted by the parties (b) Severability & Waiver. If any term, provision, covenant or condition of this uote is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, then such term, provision, covenant or condition will be enforced to the maximum extent possible so as to effect the intent of the parties, or in the event that is not feasible, such term, provision, covenant or condition will be deemed severable from this uote and the remainder of the provisions hereof will remain in full force and effect and will in no way be affected, impaired or invalidated. The failure of either party to exercise any right or interest it is granted herein, or to require the performance by the other party hereto of any provision of this Agreement, or the waiver by either party of any breach of this uote, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of this Agreement (c) Force Majeure. SE will be not be liable under these terms because of any failure or delay in the performance of its obligations (except for payment of money) on account of strikes, shortages, riots, fire, flood, storm, earthquake, acts of od, hostilities or any other cause beyond its reasonable control. Page 14 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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