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Terms and Conditions
<br /> 1 This Agreement is for inspection services only. If Customer wants Viking Automatic Sprinkler Company, herein
<br /> after referred to as the Company,to make any repairs, alterations or replacements as a result of this inspection,
<br /> the Company will do so for additional compensation to be agreed upon in writing by the parties.
<br /> 2 The Company does not know and does not represent whether the cigcent fire protection system on the Property
<br /> was originally designed and installed in such a way that the system will perform as originally intended or is
<br /> suitable and sufficient for its intended purpose given the way in which the Property has been or will be used. In
<br /> other words, the Property has been or may be used in ways such that the configuration of partition walls, the
<br /> location of and type of materials (including the presence of hazardous materials) and other conditions of the
<br /> Property's use are such that the fire protection system is inadequate, insufficient or unsuitable for the Property.
<br /> THIS REPORT IS NOT A GUARANTEE OR WARRANTY THAT THE SYSTEM WILL IN ALL CASES (A)
<br /> PROVIDE THE LEVEL OF PROTECTION FOR WHICH IT WAS ORIGINALLY INTENDED(B) IS FREE OF ALL
<br /> DEFECTS AND DEFICIENCIES(C)AND IS IN COMPLIANCE WITH ALL APPLICABLE CODES.
<br /> 3 The Company's inspection will not include every sprinkler head, pipe or other parts of the fire protection sprinkler
<br /> system that currently exist and is limited to a visual inspection of external readily accessible parts of the system.
<br /> The Company shall only be obligated to inspect a representative number or sample of the sprinkler heads, pipes,
<br /> hangers,valves or other devices and equipment in their current position.
<br /> 4 The Company will be permitted, at all reasonable times, to enter the Property indicated above to conduct the
<br /> inspection as outlined in this Agreement.
<br /> 5 The Company's potential liability arising out of its inspection services must be limited. THEREFORE, THE
<br /> LIABILITY, IF ANY, OF THE COMPANY TO THE CUSTOMER AND/OR OTHER OCEt4PANTS OR VISITORS
<br /> OF THE PROPERTY ARISING OUT OF THE COMPANY'S INSPECTION, REPORT,•ACT OR OMISSION OR
<br /> FAILURE TO ACT, OR ANY CLAIMED BREACH OF THIS AGREEMENT BY THE COMPANY, SHALL IN NO
<br /> EVENT EXCEED THE TOTAL FEE PAID BY THE CUSTOMER FOR THE INSPECTION SERVICES THAT GIVE
<br /> RISE TO ANY SUCH LIABILITY.
<br /> 6 The Company, following each inspection, will provide to the Customer a written Report of Inspection ("Report").
<br /> If required by state or local codes, the Company will provide a copy of the Report to fire and/or building officials.
<br /> If desired, a copy of the Report will also be forwarded to the Customer's insurance company. The Report and
<br /> recommendations by the Company are only advisory in nature and are intended to assist the Customer in
<br /> reducing the possibility of loss to the Property by indicating obvious defects or impairments to tllefire.protection
<br /> system(s)which were discovered by the Compa?iys inspection and which should receive prompt attention.
<br /> 7 Customer agrees to obtain and shall be solely responsible to maintain insurance for the Property, all contents
<br /> therein,and/or operations performed within or around the Property to be inspected.
<br /> 8 The Customer agrees to assume the entire responsibility and liability, to the fullest extent permitted by4aw,forall
<br /> damages or injury to all persons, whether employees or otherwise, and to all property, arising out of it, resulting
<br /> from or in any manner connected with, the execution of the work provided for in this Inspection Agreement or
<br /> occurring or resulting from the use by the Company or its agents or employees of materials, equipment,
<br /> instrumentalities or other property, whether the same be owned by the Customer, the Company or third parties,
<br /> and the Customer, to the fullest extent permitted by law, agrees to indemnify and save harmless the Company,
<br /> its agents and employees from all such claims including, without limiting the generality of the foregoing, claims
<br /> for which the Company may be or may be claimed to be liable and legal fees and disbursement paid or incurred
<br /> to enforce the provisions of this paragraph and the Customer further agrees to obtain, maintain and pay for such
<br /> general liability insurance coverage and endorsements as will insure the provisions of this paragraph.
<br /> 9 While the Company will make every reasonable effort to prevent the discharge of water into or onto areas of
<br /> landscaping, decorative pavement, etc., it is the Customer's responsibility to provide sufficient and readily
<br /> accessible means to accept the full flow of water that may be required by tests as determined by the type of
<br /> inspection.
<br /> 10 This Agreement may not be assigned by Customer without the written consent of the Company.
<br /> 11 This Agreement may be signed in counterparts; a signed facsimile, photocopy, and/or electronic mail of this
<br /> Agreement shall be as binding on both parties just as though this Agreement were executed in its original, pre-
<br /> printed form.
<br /> 12 If payment for work provided in this Agreement is not paid when due, Customer agrees to pay all costs of
<br /> collection including attorney's fees.
<br /> (Rev.9/02/09)
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