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3333 Busch Rd 250kW
<br /> Reference ..
<br /> Sourcewell
<br /> PETERSON Quote
<br /> Sourcewell#: #092222-CAT
<br /> Revision: 2
<br /> Date: May 26,2023
<br /> (c) THE PARTIES AGREE THAT THIS SECTION 19 REPRESENTS A REASONABLE ALLOCATION OF RISK.
<br /> (d) THE PROVISIONS OF THIS SECTION 19 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
<br /> 20 Indemnification: Neither Peterson nor any Peterson Party will be responsible for any loss or injury resulting from the condition of the Goods sold,
<br /> including,but not limited to,any defects in the equipment or from the subsequent use of the equipment.Customer expressly agrees as a condition of the
<br /> purchase and sale of the equipment that Customer will indemnify,defend and hold harmless Peterson and any applicable Peterson Party from and against
<br /> any and all claims that may hereafter at any time be asserted by any subsequent owner or user of the items sold hereunder or asserted by any agent,
<br /> contractor,employee,heirs,or successor or assigns of such owner or user or by any third party arising from the condition of the equipment,including but
<br /> not limited to,any purported defect in the equipment or parts thereof,or by reason of the use of the equipment.Customer agrees to assume all
<br /> responsibility in connection with the equipment upon delivery thereof to Customer or to a common carrier.
<br /> Customer shall indemnify and hold harmless Peterson and the Peterson Party from and against any and all losses,expenses,demands,and claims made
<br /> against Peterson by Customer,its Agents,any subsequent owner or user of the equipment or any persons claiming under or through such persons
<br /> because of injury or illness(including death),actual or alleged,whether caused by the sole negligence of Customer,its Agents,such subsequent owner or
<br /> user or person claiming under or through such persons(the"Customer Parties"),the concurrent negligence of Peterson with Customer,or any Customer
<br /> Parties arising from,resulting from,or in any way connected with the operation,maintenance,possession,use,transportation,or disposition of the
<br /> equipment. Customer agrees to defend any suit action or cause of action brought against Peterson or the Peterson Party based on any such alleged
<br /> injury,illness,or damage and to pay all damages,costs and expenses including reasonable attorney's fees in connection therewith or resulting therefrom.
<br /> 21 Force Majeure: Peterson shall not be liable,nor be deemed to have defaulted or breached this Agreement,for any failure or delay in fulfilling or
<br /> performing any term of this Agreement to the extent such failure or delay is caused by or results from acts or circumstances beyond Peterson's reasonable
<br /> control including,without limitation,acts of God,flood,fire,earthquake,explosion,governmental actions,war,invasion or hostilities(whether war is
<br /> declared or not),terrorist threats or acts,riot or other civil unrest,national emergency,revolution,insurrection,pandemic/epidemic,Bankruptcy,lock-outs,
<br /> strikes or other labor disputes(whether or not relating to either Party's workforce),restraints or delays affecting carriers,and inability or delay in obtaining
<br /> supplies of adequate or suitable materials,telecommunication breakdown or power outage.
<br /> 22 Privacy Statement: Customer consents to the collection,use,retention and disclosure of information by Peterson and/or a Peterson Party in accordance
<br /> with Peterson's Privacy Statement,which is posted on Peterson's website(as such statement may be revised from time to time),and agrees that such
<br /> information may be accessed by Peterson or a Peterson Party and their partners and manufacturers with a legitimate business reason to access it,as well
<br /> as third parties who may process such information on their behalf.
<br /> 23 Entire Agreement: This Agreement and the exhibits and attachments hereto,represent and constitute the entire agreement between the parties,may
<br /> only be amended in writing signed by both parties,and supersede all prior agreements and understandings with respect to the matters covered by this
<br /> Agreement.
<br /> 24 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto.
<br /> 25 Severability: If any provision of this Agreement is found unenforceable or invalid,the remainder of the Agreement will remain in full force and effect and it
<br /> and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
<br /> 26 Counterparts: This Agreement may be executed in any number of counterparts,including facsimile,PDF and other electronic copy,each of which when
<br /> taken together shall constitute one instrument. No counterpart shall be effective until each Party has executed at least one counterpart.
<br /> 27 Assignment: Neither Party may assign,convey or transfer this Agreement,or any portion thereof,without the prior written consent of the other party,
<br /> which consent shall not be unreasonably withheld,conditioned or delayed,except that Peterson may assign this Agreement or any portion thereof without
<br /> the prior consent of Purchaser to a person or entity controlling,controlled by or affiliated with Peterson or its parent company.
<br /> www.petersonpower.com
<br /> (800)963-6446
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