TESTING / INSPECTION - TERMS AND CONDITIONS

1. Reports:

The results of the inspection and/or test shall be detailed on the G AND G FIRE PROTECTION's then current report form which shall be distributed to the CUSTOMER and any designee of CUSTOMER.

2. Inspection Notification:

Prior to G AND G FIRE PROTECTION performing any tests, the CUSTOMER must notify any alarm monitoring companies, the local fire department, and all occupants and tenants.

3. Emergency/Additional Inspection:

Emergency or additional inspections requested by the CUSTOMER will be furnished at an extra charge and be subject to all terms and conditions of this Agreement.

4. Additional Equipment:

In the event additional equipment is installed or the systems are modified after the date of this contract, the annual inspection charge shall be increased in accordance with G AND G FIRE PROTECTION's prevailing rates as of the first inspection of the additional equipment/modification.

5. Water Supply:

Testing and treatment of the water supply, and any costs associated therewith, are not covered by this Agreement and are the sole responsibility of the CUSTOMER. Equipment is available that is designed to monitor for conditions that can contribute to internal corrosion inside the water based fire protection system installed in your facility. Such testing and treatment can be provided pursuant to a separate written agreement.

6. Scope of Inspection:

The inspection and testing services provided by this Agreement are designed to determine the functionality of the inspected systems at the time of the inspection/test. The inspection and testing provided under this Agreement does not include: maintenance, repairs, alterations, or replacement of parts or any other field adjustments. G AND G FIRE PROTECTION may choose to offer such services at an additional charge, but is not obligated under this Agreement to do so. The inspections and testing provided under this Agreement are NOT a system survey or engineering analysis of the system, its installation and/or its design. Inspection and testing services under this Agreement are not intended to reveal design or installation flaws or code compliance violations. Any suggested improvements itemized on any inspection and/or testing report do not constitute an engineering review of the fire protection/suppression system installed in your facility. To the extent such are itemized, they were noticed while conducting an inspection and test of your fire protection system in accordance with applicable NFPA Inspection and Testing Guidelines; however, such items are not part of the NFPA required inspection and test. G AND G FIRE PROTECTION makes no guarantee or assurance that all defects or deficiencies in the systems have been itemized.

The scope of work under this Agreement is limited to the provision of inspection and testing services. G AND G FIRE PROTECTION is not required to move personal property, equipment, walls, and ceilings or like materials which· may impede access or limit visibility. Areas that are concealed are excluded from the inspection.

G AND G FIRE PROTECTION does not warrant that the equipment or systems inspected/tested will meet or comply with the requirements of any fire or life safety code, or regulation of any state, municipality or other jurisdiction of CUSTOMER's particular location.

7. Work of Others:

G AND G FIRE PROTECTION makes no warranty as to the quality of work performed by others or the functionality and design of the originally installed/modified fire sprinkler/suppression or alarm system(s). G AND G FIRE PROTECTION makes no warranties, express or implied, regarding the adequacy, performance or condition of any fire protection/suppression or notification equipment. G AND G FIRE PROTECTION cannot and does not guarantee that loss or damage will not occur.

8. Limitation of Liability - Liquidated Damages:

The parties hereto agree that it is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of G AND G FIRE PROTECTION to perform any of its obligations hereunder. CUSTOMER does not desire that this contract provide for full liability of G AND G FIRE PROTECTION and agrees that G AND G FIRE PROTECTION shall be exempt from liability for Joss or damage due directly or indirectly to occurrences, or consequences there from, which the inspection and/or testing is designed to detect or avert. If G AND G FIRE PROTECTION shall be found liable for loss or damages due to a failure of inspection and/or testing in any respect, G AND G FIRE PROTECTION's liability shall be limited to the lesser of a sum equal to one-half (1/2) of the current annual inspection charge paid (or to be paid) by the CUSTOMER or $1,000.00 as liquidated damages and not as a penalty.

The amounts payable to G AND G FIRE PROTECTION hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the premises, CUSTOMER's property or the property of others located in CUSTOMER's premises.

IN NO EVENT WILL CONTRACTOR BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

LIMITATION OF LIABILITY AND WARRANTY – NO EXPRESS OR IMPLIED WARRANTIES - THE CUSTOMER UNDERSTANDS AND AGREES THAT G AND G FIRE PROTECTION HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND OR TYPE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT G AND G FIRE PROTECTION MAKES NO EXPRESS WARRANTIES AS TO THE SERVICES RENDERED, AND THAT NO REPRESENTATIVE OF G AND G FIRE PROTECTION HAS ANY AUTHORITY TO MAKE ANY WARRANTIES OR OTHERWISE VARY THE TERMS OF THIS AGREEMENT.

9. Waiver of Subrogation:

G AND G FIRE PROTECTION is not an insurer against loss or damage. Sufficient insurance shall be obtained by and is the sole responsibility of OWNER/CUSTOMER. CUSTOMER agrees to rely exclusively on CUSTOMER's insurer to recover for injuries or damage in the event of any loss or injury to the premises or property therein. CUSTOMER does hereby, for itself and all others claiming by or through it under this Agreement, release and discharge G AND G FIRE PROTECTION from and against all damages covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance G AND G FIRE PROTECTION, insurer or other entity/individual will have any right of subrogation against G AND G FIRE PROTECTION.

10. Water Discharge:

G AND G FIRE PROTECTION will make every reasonable effort to prevent the discharge of water into or onto areas of landscaping, decorative pavement, etc. CUSTOMER must provide sufficient and readily accessible means to accept the full flow of water that may be required by tests as determined by the type of inspection and accepts all liability for water discharge.

11. Severability:

If any provisions of this Agreement shall be invalid or unenforceable under the laws of the jurisdi􀂜tion applicable to the Agreement, such invalid or unenforceable provision(s) shall be severed from the Agreement and the Agreement shall be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of G AND G FIRE PROTECTION and the CUSTOMER shall be construed and enforced accordingly.

12. Attics:

Attics are excluded from this agreement unless after the G AND G FIRE PROTECTION's investigation and in its sole discretion the attic and its entry are deemed safe and accessible. Only those attics having a floor-level entry door with stairs, pull down stairs, and/or a permanently mounted access ladder will be considered for inclusion in the agreement. Further, only those attics having appropriate, permanently attached flooring and appropriate lighting will be considered for inclusion in the agreement. Assessment of the suitability of access, flooring and lighting is solely within the discretion of the G AND G FIRE PROTECTION. Any attic deemed safe and accessible must be specifically listed on the front of the Agreement to qualify for inclusion in the Agreement. To the extent that any attic is included in the agreement, only such equipment as is safely visible and accessible from the floored area of the attic will be subject to the agreement.

13. Authorization:

The person executing this Agreement on behalf of the CUSTOMER, expressly warrants and covenants that he/she is the authorized representative of the Owner of the premises and is authorized to enter into this Agreement for and on behalf of the Owner or Owner's designee.

14. NFPA 25:

CUSTOMER has reviewed and is familiar with the National Fire Protection Association Standard 25 (NFPA 25) and understands the requirements and consequences of failure to comply with the requirements therein. CUSTOMER shall comply with the requirements of NFPA 25. CUSTOMER is responsible for maintaining all fire protection equipment in good, working order as outlined in the applicable NFPA Standards and any and all local rules, codes or standards applicable to the jurisdiction where the system(s) is/are located.

15. Entire Agreement:

This Agreement contains the entire understanding and final expression of Agreement and supersedes and replaces any previous Agreements between the parties. This Agreement may be amended only in a writing signed by both parties.

THIS AGREEMENT IS SUBJECT TO ALL TERMS AND CONDITIONS INCLUDED HEREIN.

REPAIRS, SERVICE, & 911 EMERGENCIES - TERMS AND CONDITIONS

1. Scope of Undertaking

G AND G FIRE PROTECTION will perform the services described on the front of this CUSTOMER Work Order (the Work). No other services are included. The amount payable to the CUSTOMER for the Work is based solely upon the value of the services performed and is unrelated to the value of the CUSTOMER's property and/or the property of others located inion the premises. CUSTOMER makes no guaranty or Warranty that equipment or services supplied by G AND G FIRE PROTECTION will detect or avert occurrences or the consequences there from that the equipment or services are designed to detect or avert.

2. Equipment Disconnections

CUSTOMER is on notice that the system(s)/device(s) listed on the face of this CUSTOMER Work Order will be temporarily or permanently disconnected and no longer in service and thus, cannot detect, perform and/or report occurrences or transmit signals.

3. Existing System.

Where new work is connected to an existing system, any deficiencies detected in the existing system during testing or charging of the system are the responsibility of the CUSTOMER and are not covered by any warranties that may be applicable to the Work. CUSTOMER releases G AND G FIRE PROTECTION from any and all claims regarding the existing system and any damage or injury caused by or to the existing system.

4. Liquidated Damages

It is impractical and extremely difficult to fix the actual damages, if any, that may proximately result from failure on the part of G AND G FIRE PROTECTION to perform any of its obligations under this CUSTOMER Work Order. Accordingly, CUSTOMER agrees that, G AND G FIRE PROTECTION shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences there from, concerning any repair of the system. Should G AND G FIRE PROTECTION be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, G AND G FIRE PROTECTION's liability shall be limited to the lesser of $1,500. or an amount equal to the CUSTOMER Work Order price. Where multiple sites are covered by one CUSTOMER Work Order, liability will be limited to the amount allocable to the site where the incident occurred, subject to the preceding sentence. As a condition precedent to any claim or lawsuit against G AND G FIRE PROTECTION, all-outstanding invoices must have been paid in full when due, without compromise on amounts owed.

5. Actions by others

In no event shall G AND G FIRE PROTECTION be liable for any damage, loss, injury, or any other claim arising from any servicing, alterations, modifications, changes or movements ·of the covered system(s) or any of its component parts by the CUSTOMER or any third party.

6. Waiver of Subrogation

The G AND G FIRE PROTECTION is not an insurer against loss or damage. Sufficient insurance shalt be obtained by CUSTOMER to cover the premises (and property therein) where the work will be performed. CUSTOMER agrees to rely exclusively on CUSTOMER's insurance to recover for injuries or damage in the event of any loss, damage or injury to the premises or property therein. CUSTOMER, for itself and all others claiming by or through. It under this Agreement, releases and discharges G AND G FIRE PROTECTION from and against all damages covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance company, insurer or other entity/individual will have any right 'of subrogation against G AND G FIRE PROTECTION.'

7. Incidental/Consequential Damages

G AND G FIRE PROTECTION shall not be liable for indirect, incidental or consequential damages of any kind, including but not limited to damages arising from the use, loss of use, performance, or failure of the covered system(s) to perform.

8. LIMITED WARRANTY

G AND G FIRE PROTECTION WARRANTS THAT ITS WORKMANSHIP AND MATERIAL (the Work) FURNISHED UNDER THIS CUSTOMER WORK ORDER WILL BE FREE FROM DEFECTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE SAID WORK IS COMPLETED. G AND G FIRE PROTECTION AGREES TO REPAIR OR REPLACE THE WORK PROVIDED THE WORK HAS NOT FAILED DUE TO CIRCUMSTANCES UNRELATED TO THE MATERIALS OR WORKMANSHIP FURNISHED BY G AND G FIRE PROTECTION. EXCEPT AS EXPRESSSLY SET FORTH HEREIN, G AND G FIRE PROTECTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPLIED HEREUNDER.

9. Indemnity

CUSTOMER agrees to indemnify, hold harmless and defend G AND G FIRE PROTECTION, to the fullest extent permitted by law, against any and all losses, damages, costs, including expert fees and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not CUSTOMER pre-notifies G AND G FIRE PROTECTION of the existence of said hazardous conditions, arising in any way from performance of the Work or the Work whether caused in whole or in part by the CUSTOMER, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence) strict liability or otherwise. G AND G FIRE PROTECTION reserves the right to select counsel to represent it in any such action.

10. Water Supply

G AND G FIRE PROTECTION makes no claims and/or representations as to the presence currently or in the future of corrosion inducing matter, i.e. microbiological organisms, contained within the water supply. G AND G FIRE PROTECTION recommends that the water supply be tested and, as needed, treated. Testing and treatment of the water supply and costs associated therewith are the sole responsibility of CUSTOMER. Any such testing must be pursuant to a separate written agreement.

11. Affiliates

The terms and conditions set forth in this CUSTOMER Work Order shall inure to the benefit of all parents, subsidiaries and affiliates of G AND G FIRE PROTECTION, whether direct or indirect, G AND G FIRE PROTECTION's employees, agents, officers and directors.