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S . Changes. Company shall not implement any changes in the scope of work described in Company' s Documentation unless Customer
<br /> and Company agree in writing to the details of the change and any resulting price, schedule or other contractual modifications . This
<br /> includes any changes necessitated by a change in applicable law. In the event of oil price market changes greater than ten percent,
<br /> as
<br /> defined by USDOE Residual Gulf Coast from the date of this agreement, the Company may request to negotiate a new oil payment
<br /> price, if any, that is reflective of the market price change in USDOE Residual Gulf Coast Prices and Customer agrees to negotiate
<br /> any such request in good faith . . This agreement may be terminated by Customer or Company with thirty (30) days written notice.
<br /> 6 . Warranty. Company warrants (i) that while providing services to the Customer as outlined in Company' s Documentation all work
<br /> will be performed in a workmanlike manner and that Company will use suitably qualified personnel , and (ii) that all Goods shall
<br /> be
<br /> free from defects in material and workmanship. These warranties shall survive for ninety days from the date of the service provided
<br /> (the "Warranty Period") . In the event of a warranty claim, Company shall , at its sole option and as Customer' s sole remedy,
<br /> repeat
<br /> the service (or repair or replace the subject Goods) at its own expense or refund the service fee actually paid to Company . If
<br /> Company determines that any warranty claim is not, in fact, covered by the foregoing warranties, Customer shall pay Company its
<br /> then customary charges for any additionally required services or Goods . The foregoing warranties are conditioned on Customer (a)
<br /> operating and maintaining any serviced equipment and the Goods in accordance with Company' s instructions , in regards to parts
<br /> cleaner equipment, an essential part of those instructions being that the customer will not use the equipment as a waste receptacle,
<br /> will not dump oil, dispense aerosols or introduce any other material , such as gasoline, brake cleaners, thinners, and carburetor
<br /> cleaner, that would cause the solvent to become a waste, and (b) not making any unauthorized repairs or alterations which affect the
<br /> service or the Goods, and (c) not being in default of any payment obligation to Company. The foregoing warranties do no cover
<br /> consumable or expendable Goods (such as, for example and not by way of limitation, filter cloth , pump diaphragms and filters) or
<br /> damage caused by negligent operation of any equipment or Goods by Customer, chemical action or abrasive material or misuse
<br /> which has damaged the equipment serviced or the Goods, or improper installation (unless installed by Company) . THE
<br /> WARRANTIES SET FORTH IN THIS SECTION ARE COMPANY' S SOLE AND EXCLUSIVE WARRANTIES . COMPANY
<br /> MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
<br /> WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE,
<br /> 7 . Indemnity. The parties shall indemnify, defend and hold harmless one another from any claim, cause of action or liability incurred
<br /> by the other as a result of third parry claims for personal injury, death or damage to tangible property, to the extent caused by the.
<br /> indemnifying party's negligence. The indemnifying party shall have the sole authority to direct the defense and settle any
<br /> indemnified claim , unless the indemnified party elects to decline the right of indemnification, which it may do at any time. The
<br /> obligation to indemnify is conditioned on the indemnified party : (a) promptly notifying the other party (in the case of the Customer
<br /> being the indemnified party, within the Warranty Period set forth in Section 6); and (b) providing reasonable cooperation in the
<br /> defense of the claim .
<br /> 8 . Force Majeure. Under no circumstances shall either Company or Customer have any liability for any breach (except for payment
<br /> obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil
<br /> disturbance, delay of carriers, failure of normal sources of supply, change in law or other act of government or any other cause
<br /> beyond such party's reasonable control
<br /> 9. Agreement Renewal . This agreement will automatically be renewed at the expiration date unless specifically declined at least ten
<br /> ( 10) business days prior to the expiration date by Company, or by Customer. The Customer may decline the renewal option by
<br /> striking this paragragh on the agreement at the time the agreement is signed ,
<br /> 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, COMPANY SHALL NOT BE
<br /> LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND
<br /> COMPANY' S TOTAL LIABILITY ARISING AT ANY TIME FROM OR IN CONNECTION WITH THE SERVICES OR THE
<br /> GOODS OR THE USE THEREOF SHALL NOT EXCEED THE PRICE PAID UNDER THE AGREEMENT, THESE
<br /> LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY
<br /> OTHER THEORY .
<br /> HV Leased Equipment. Any leased equipment provided by Company shall at all times be the property of Company with the exception
<br /> of
<br /> certain miscellaneous installation materials purchased by the Customer, and no right or property interest is transferred to the
<br /> Customer hereunder, except the right to use any such equipment as provided here. Customer agrees that it shall not, nor shall it
<br /> allow a third party, to pledge, lend, place a lien against or create a security interest in, part with .possession of, or relocate
<br /> such
<br /> equipment. Customer agrees that it will indemnify Company against breaches of the terns of this paragraph . Customer shall be
<br /> responsible to maintain such equipment in good and efficient working order.
<br /> Upon the expiration or termination of this Agreement, Customer shall promptly make any leased equipment available to Company
<br /> for removal . Customer hereby agrees that it shall grant Company access to the equipment location and shall permit Company to take
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