|
A MACQUEEN
<br /> r EMERGENCY
<br /> regardless of whether such damages arise out of breach of warranty,tort,contract,strict liability,statutory
<br /> liability, indemnity,whether resulting from non-delivery or from MacQueen's own negligence,or otherwise.
<br /> 11. Insurance
<br /> MacQueen maintains the following limits of insurance with a carrier(s)rated A-or better by A.M. Best:
<br /> Commercial General Liability Insurance:
<br /> Products/Completed Operations Aggregate: $2,000,000
<br /> Each Occurrence: $2,000,000
<br /> Umbrella/Excess Liability Insurance:
<br /> Aggregate: $5,000,000
<br /> Each Occurrence: $5,000,000
<br /> The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance
<br /> with the coverages listed above.
<br /> 12. Indemnity
<br /> The Customer shall indemnify,defend and hold harmless MacQueen,its officers,employees,dealers,agents or
<br /> subcontractors,from any and all claims,costs,judgments,liability,loss,damage,attorneys'fees or expenses of any
<br /> kind or nature whatsoever(including,but without limitation,personal injury and death)to all property and persons
<br /> caused by,resulting from,arising out of or occurring in connection with the Customer's purchase, installation or use
<br /> of goods sold or supplied by MacQueen which are not caused by the sole negligence of MacQueen or Pierce.
<br /> 13. Force Majeure
<br /> 00i*MacQueen shall not be responsible nor deemed to be in" efault on account of delays in performance due to causes
<br /> which are beyond MacQueen's control which make MacQueen's performance impracticable,including but not
<br /> limited to civil wars, insurrections,strikes, riots,fires,storms,floods,other acts of nature,explosions,earthquakes,
<br /> accidents,any act of government,delays in transportation, inability to obtain necessary labor supplies or
<br /> manufacturing facilities,allocation regulations or orders affecting materials,equipment,facilities or completed
<br /> products,failure to obtain any required license or certificates,acts of God or the public enemy or terrorism,failure of
<br /> transportation,epidemics,quarantine restrictions,failure of vendors(due to causes similar to those within the scope
<br /> of this clause)to perform their contracts or labor troubles causing cessation,slowdown,or interruption of work.
<br /> 14. Default
<br /> The occurrence of one or more of the following shall constitute a default under this Agreement:
<br /> (a)the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations
<br /> under this Agreement;(b)MacQueen fails to perform any of its obligations under this Agreement;(c)either
<br /> party becomes insolvent or become subject to a bankruptcy or insolvency proceedings;(d)any representation
<br /> made by either party to induce the other to enter into this Agreement is false in any material respect;€the\
<br /> Customer dissolves, merges,consolidates or transfers a substantial portion of its property to another entity;or
<br /> (f)the Customer is in default or has breached any other contract or agreement with MacQueen.
<br /> 15. Relationship of Parties
<br /> Neither party is a partner,employee,agent,or joint venture of or with the other.
<br /> 16. Assignment
<br /> Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written
<br /> approval of the other party.
<br /> 17. Governing Law;Jurisdiction
<br /> Without regard to any conflict of law's provisions,this Agreement is to be governed by and under the laws of the
<br /> state of Minnesota.
<br /> 18. Facsimile Signatures
<br /> The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures.
<br /> 3
<br />
|