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EXHIBIT ` A
<br /> Standard Utility Guarantee for evoQ4 Electromagnetic Water Meters
<br /> ( Potable Water Applications )
<br /> Scope of Guarantee
<br /> This guarantee applies to. Elster AMCO Water, Inc. evoQ4 Electromagnetic Water Meters, shipped after April 1, 2008, when
<br /> used in potable water under 120°F (500C), in ambient temperatures not to exceed an average of 86° F (300C), and in
<br /> accordance with Elster AMCO's published Technical Specifications. This guarantee applies exclusively to the original utility
<br /> purchaser when product is purchased from either Elster AMCO or an Elster AMCO-authorized distributor ("Business Partner I.
<br /> Materials and Workmanship
<br /> If used and installed as described above, Elster AMCO guarantees product covered by this guarantee to be free from defects
<br /> in materials and workmanship for a period of 5 years after shipment by Elster AMCO or its authorized Business Partner,
<br /> Claims
<br /> Any meter or register covered by this guarantee that fails to meet the terms of the stated guarantee will be repaired or
<br /> replaced, at the option of Elster AMCO, without additional charge to the customer. The customer is responsible for removing
<br /> the meter or register from service, returning it to the factory service center designated by Elster AMCO, providing a written or
<br /> electronic (facsimile or e-mail) claim notice, and for freight costs to and from the service center. Customer is also responsible
<br /> for reinstalling repaired or replaced product.
<br /> Limits of Liability
<br /> This guarantee does not apply to meters or registers damaged by aggressive water conditions, foreign matter in water,
<br /> vandalism, negligence, installation not in accordance with Elster AMCO's installation instructions, mis-application or other use
<br /> not as described above, acts of God or other conditions beyond the control of Elster AMCO. If a meter is claimed to breach the
<br /> accuracy guarantees as stated herein, the customer shall submit a certified copy of the test results at the time the meter is
<br /> returned to Elster AMCO. The guarantees as to accuracy shall be void if an examination of the customer's water supply
<br /> shows an unusually adverse effect on metering equipment.
<br /> Any description of product, whether in writing or made orally by Elster AMCO or its agents, specifications, samples, literature,
<br /> models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with any customer's order
<br /> are for the sole purpose of identifying product and shall not be construed as an express or implied guarantee. Any
<br /> suggestions by Elster AMCO or its agents regarding use, application or suitability of product shall not be construed as an
<br /> express or implied guarantee unless confirmed to be such in writing by Elster AMCO.
<br /> The laws of the State of Florida, excluding its conflicts of law rules shall exclusively govern this guarantee. If any provision
<br /> hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other
<br /> provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof
<br /> had never existed .
<br /> THE FOREGOING EXPRESS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES WHATSOEVER, WHETHER
<br /> EXPRESS, IMPLIED OR STATUTORY (EXCEPT FOR WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
<br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
<br /> CUSTOMER'S EXCLUSIVE REMEDY AND ELSTER AMCO'S AND ITS BUSINESS PARTNERS' SOLE LIABILITY ON ANY CLAIM, WHETHER
<br /> IN TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE, CONTRACT, WARRANTY OR OTHERWISE, FOR ANY METER OR REGISTER
<br /> WHICH FAILS TO MEET THE TERMS OF THE GUARANTEE STATED ABOVE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT AS
<br /> DESCRIBED ABOVE, IN NO EVENT SHALL ELSTER AMCO AND/OR ITS BUSINESS PARTNERS BE LIABLE FOR INCIDENTAL OR
<br /> CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE, COST
<br /> OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS AND CLAIMS OF
<br /> CUSTOMERS OF THE CUSTOMER OR OTHER THIRD PARTIES.
<br /> Elster AMCO Water, Inc. 0��•
<br /> PO Box 1852 • • ®� •
<br /> Ocala, Florida 34478-1852 ��Q•ra .
<br /> ® 2008 Elster AMCO Water, Inc. All rights reserved. ��•
<br /> evoO AUG/08-08 elste
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