Agmt 2008 Siemens Building Technologies Inc

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in the same manner and to the same extent that Siemens has agreed to protect the City under the provisions of Section 12.1 above. 13.3 THIS SECTION IS AN EXCLUSIVE STATEMENT OF ALL THE DUTIES OF THE PARTIES RELATING TO PATENTS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY PATENT OR COPYRIGHT AND OF ALL THE REMEDIES OF THE CITY RELATING TO ANY CLAIMS, SUITS, OR PROCEEDINGS INVOLVING PATENTS AND COPYRIGHTS. Compliance with Section 12 as provided herein shall constitute fulfillment of all liabilities of the Parties under the Agreement with respect to the intellectual property indemnification. Section 14. HAZARDOUS MATERIALS. 14.1 Siemens' Work does not include directly or indirectly performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal or treatment of Hazardous Material. Siemens will notify City immediately if it discovers or suspects the presence of any Hazardous Material. All Work has been contemplated and priced based on the absence of Hazardous Material at the Site. The discovery of Hazardous Material constitutes a change in the Work equivalent to a change order whose terms must be agreed to by Siemens before its obligations hereunder will continue. 14.2 Notice of Hazardous Material. 14.2.1 Notice by Siemens shall be given in writing to the City promptly, before any of the following conditions are disturbed (except in an emergency as required by Paragraph 5.18), and in no event later than 24 hours after first observance, of any: (a) material that Siemens believes maybe Hazardous Material, that is to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (b) other material which may present a substantial danger to persons or property expased thereto in connection with Work at the Site. 14.2.2 Siemens' written notice shall indicate whether the Hazardous Material was shown or indicated in the Agreement to be within the Scope of Work, and whether the Hazardous Material was brought to the Site by Siemens, its subcontractors, suppliers, or anyone within Siemens control. 14.2.3 If Siemens stops Work in connection with any hazardous condition and in any area affected thereby, Siemens shall immediately redeploy its workmen, equipment and materials as necessary to other portions of the Work to minimize delay and disruption. Section 15. TIME ALLOWANCES. 15.1.1 Siemens shall not begin the Work until the Notice to Proceed is issued by the City. Siemens shall diligently prosecute the Work in Exhibit A-1, to be completed by January 17, 2010 (the current deadline for the Self-Generation Incentive Program (SGIP) WPCP Cogeneration 090808 -Page 23 of 60