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<br /> Page 2 of 7 <br /> <br />Client Name <br /> <br />4.5 The maximum payment due from the Owner shall not exceed the total Water Utility Charges and fees collected <br />by the Owner in the ordinary course of business. <br /> <br />5. COMPLETION <br />SEH D|B has prepared a schedule in the attached Exhibit A that identifies the duration of the contract, including the <br />overall contract length and intermediate project milestones and completion dates. This schedule is subject to <br />adjustment as allowed or required by this Agreement, the Owner, and SEH D|B. <br /> <br />6. SUBCONTRACTING <br />The subcontracting of any portion of the Work shall not relieve SEH D|B of responsibility for the performance of the <br />Work, as provided hereunder. However, SEH D|B shall have the right to subcontract such portions of the Work as it <br />shall determine to others, including any affiliates of SEH D|B (“Affiliates”). <br /> <br />7. OWNER RESPONSIBILITIES <br />7.1 TELECOMMUNICATIONS <br />7.1.1 Owner recognizes that any telecommunications equipment located on the water tank(s) or appurtenant <br />facilities may interfere with the work contemplated in this Agreement. If requested by SEH D|B, <br />Owner agrees to arrange for the owner of any telecommunications equipment located on the water <br />tank(s) or appurtenant facilities to remove or protect telecommunications equipment during the Work. <br />SEH D|B cannot and will not remove such equipment and the removal of such equipment by the Owner <br />or the owner of such equipment is a condition precedent to SEH D|B’s obligations under this <br />Agreement. <br />7.1.2 Owner will also arrange for the reinstallation of the telecommunications equipment after SEH D|B has <br />notified the Owner that rehabilitation work has been completed or that the work has proceeded to the <br />point where such equipment may be reinstalled. SEH D|B shall have no responsibility for the <br />reinstallation of the telecommunications equipment. <br />7.1.3 Owner acknowledges that SEH D|B cannot be responsible for any damage to the telecommunications <br />equipment during the removal and reinstallation of the existing equipment. As a result, Owner will <br />indemnify, defend and hold SEH D|B harmless against any and all claims, damages, suits, <br />disbursements or other costs including reasonable attorneys’ fees incurred by SEH D|B as a result of <br />removal and/or reinstallation of the existing telecommunications equipment. <br />7.1.4 Owner agrees that any antenna upgrades or modifications (i.e. equipment that is anchored to or <br />otherwise attaches to the tank structure or appurtenances) preformed to the water tank that is under <br />maintenance contract will have antenna modifications or upgrades reviewed by SEH D|B and <br />appurtenances welded to the tower will be installed and coated by SEH D|B Contractor. Review by <br />SEH D|B includes a pre-installation meeting, oversight of installation and post-installation meeting. <br />SEH D|B shall be compensated in accordance with its then current hourly rates and terms of this <br />Agreement for such work as an additional service. SEH D|B shall bill Owner for these services through <br />a separate invoice for this work. <br />7.1.5 Work that results from the proposed or actual installation of future telecommunications or other <br />equipment that is anchored to or otherwise attaches to the tank structure or appurtenances is not <br />included as part of this work. Owner agrees that any proposed new antenna installations will be <br />reviewed by SEH D|B and any antenna tank modifications that require welding of mounts or <br />appurtenances including coating repairs to the water tank under contract will be performed by <br />SEH D|B Contractor. SEH D\B will have the right to review, approve and provide oversight to all <br />proposed/future telecommunications equipment installations during the term of this contract. Review <br />by SEH D|B includes a pre-installation meeting, oversight of installation and post-installation meeting. <br />SEH D|B shall be compensated in accordance with its then current hourly rates for such work as an <br />additional service. SEH D|B shall bill Owner for these services through a separate invoice for this <br />work. <br />7.1.6 Failure of Owner to follow 7.1.4 and 7.1.5 will void the Warranty provided in Section 20.