126-22 Exhibit.pdf

| | fungi, mildew or bacteria, * Identify and labet any asbestos containing material that may be present, The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 10. EXCLUSIONS - Carrier is not responsible for items not normatly subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler reftactory, disconnect switches and circuit breakers. Catrier is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemicaVelectrochemical attack, corrosion, erosion, deterioration duc to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Canier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, stale, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for Customer's consideration in addition to this Agreement, Cattier shall not be required! to repair or replace equipment that has not been propetly maintained. 11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts anly) - Upon the initial scheduled operating and/or initial annual stop inspection, should Cartier determine the need for repairs or replacement, Camier will provide Customer in writing an ‘equipment condition’ report including recommendations for correetions and the price for tepairs in addition to this Agreement, In the event Cartier recommends cextain services (that are not included herein or upon initial inspection} and if Customer does not elect to

ns and the price for tepairs in addition to this Agreement, In the event Cartier recommends cextain services (that are not included herein or upon initial inspection} and if Customer does not elect to have such services properly performed in a timely fashion, Cartier shall not be responsible for any equipment or control failures, operability or any long-term damage that may result, Cavtier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly. 12, PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with cerfain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable devive(s) shall become a fixture of the Customer locations, Customer shall not aequire any interest, title or equity in any hardware, software, processes, and other intellectual or Terms and Conditions of Sale ~ Equipment and/or Service 021022 proprietary rights to devices that are used in conncetion with providing service on Customer equipment, 13, DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Camrier a worldwide, non-exclusive, non- terminable, irrevocable, perpetual, paid-up, royally free license to any Source Data, with the right to sub-license to its affiliates and suppliess for (i) Caxtier’s performance of services pursuant to this Agreement, (i) the improvement of Cartier services, and Carrier's Analytics Platfown; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best pmuctices, product improvement; (v) the provision of services to third patties, (vi) research, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements. Source Data — shall mean data that is produced diveetly froma system, or device and received at a collection point or a central server (¢.g. a Carrier database, data lake, or third party cloud service). Analytics Platform — shall mean server algorithms or web interface systems

e and received at a collection point or a central server (¢.g. a Carrier database, data lake, or third party cloud service). Analytics Platform — shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (if) perform data processing, and/or (ili) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer. 14, RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that te portable devices will collect Source Data that will be stored on and/or transmitted to Carrier's servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Cartier’s performance of the service in accordance with this Agreement. Once such data and information has been stored and/or transmitted to Carrier's servers, Customer agrees that such data and information shall become part of Catriex’s database and therefore subject to the license terms under section 13. 15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throtlle collection and transmission of Source Data by Carrier, and (iii) avoid intentional action to disable, turn off, or remove the hardware without Caricr’s. express written consent, which consent shall not be unreasonably withheld, 16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineor any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse enginear any reports or analytics provided to or received by Customer from Carrier, 17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or fuoilities, Joss of data, or economic damages howsoever arising. Carrier Corporation 4