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BayCAP2 invoiced on a monthly basis for services provided over more than one month.3.All pricing and payment terms contained herein are contingent upon a favorable Credit Report for the customer/client to whom this quotation is provided. Upon receipt of a less than favorable credit report ABMEPS reserves the right to withdraw this proposal, modify the pricing, or require payment when services are rendered,or advance payment of the total job quotation before providing services. 4. For material purchases in excess of$50,000,ABMEPS reserves the option to invoice 50%of the total at the time of material order and the remaining 50%at the time of material delivery. 5. Customer agrees to pay ABMEPS,to the extent permitted by applicable law,all costs and expenses,including but not limited to reasonable attorney's fees,incurred by ABMEPS in connection with any collection activities or actions to collect unpaid invoices under this quotation. Delays: ABMEPS shall not be liable for delays or performance resulting from causes beyond its reasonable control, acts of God,acts or omissions of Buyer,fire,strike or other labor difficulty. Should there be a delay,the date of delivery or performance shall be extended. Cancellation: Notice of cancellation of services to be performed must be received thirty-six(36) hours prior to the agreed upon date and time. Unless such notification is provided,charges will be incurred. These charges will be ABMEPS's cost plus ten percent(10%)and will include any rental equipment for the Project. Disclaimer: ABMEPS assumes no responsibility for any damage or injury to any property caused directly or indirectly as a result of ABMEPS performing its duties under this agreement except such damage or injury that may be held to result solely and directly from or out of: Any grossly negligent performance by ABMEPS in its obligations . under this Agreement or any willful misconduct on the part of ABMEPS, its agents or employees. Responsibility: All services are performed in accordance with industry standards, project specifications and/or NETA specifications. Where remediation is beyond the scope of normal reliability testing,and where corrective action is required,such services will be quoted separately. Assignment: ABMEPS reserves the right to assign this project in part or in total to an affiliated entity. Termination: An order may be terminated only by mutual written agreement between Buyer and ABMEPS and only upon payment of costs and expenses already incurred by ABMEPS Safety: ABMEPS agrees to comply with all applicable federal,state, local, National Electric Codes and project safety rules and regulations. ABMEPS reserves the right not to perform work that in its opinion violates OSHA Electrical Safety-Related Work Practices; Final Rule or other safety rules and regulations. Standby Time: When ABMEPS service personnel are on the job site but unable to perform services requested because of circumstances beyond ABMEPS control,the customer may be charged standby time at the applicable rate for each such ABMEPS service person (up to a maximum of eight(8)hours per day per person). Warranties: All material and equipment delivered and/or installed will be the products of reputable manufacturers. ABMEPS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY EXCLUDED, CONCERNING MATERIAL AND EQUIPMENT MANUFACTURED BY OTHERS. ABMEPS sells and delivers all materials and equipment not manufactured by it"AS IS," but ABMEPS will use its best reasonable efforts to obtain from the manufacturer,in accordance with the manufacturer's customary practices,the repair or replacement of any material or equipment which may prove defective in workmanship or material. The foregoing shall be the exclusive remedy of Buyer and the sole obligation of ABEPS with respect to material and equipment manufactured by others. Further,ABEPS warranties its labor for one(1)year. Bay Area Charge Ahead Project 2-Approval to Proceed I July 30,2014 page 17