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Article 5. Structure of Tank. The Company is accepting this Tank under program based upon its i� <br /> existing structure and components; however, the Owner hereby agrees that the Company's obligation to ', <br /> perform its responsibilities as outlined in Article lA is based upon two things: (1) The Company's ' <br /> rehabilitation of the tank to a"baseline" condition, via performance of the repairs and modifications listed in ���� <br /> Schedule A prior to the end of Contract Year l, and (2) the Owner's payment for these repairs as outlined in <br /> Article 4 hereinbefore. Any modifications to the Tank, including, but not lirriited to antenna insta!lations, �'�� <br /> shall be approved by Zltility Service Co., Inc., prior to installation or modification and may warrant an <br /> increase in the annual fee. The Company recognizes that antenna installations have been p/aced on the <br /> Tank prior to the implementation of this Contract.. <br /> Article 6. Environmental,Health, Safety,or Labor Requirements. <br /> A. Environmental, Health, Safety, or Labor Requirements. The Owner hereby agrees that future <br /> mandated environmental, health, safety, or labor requirements as well as changes in site conditions at the <br /> Tank site which cause an increase in the cost of Tank maintenance will be just cause for modification of this <br /> Contract Said modification of this Contract will reasonably reflect the increased cost of the service with a <br /> newly negotiated annual fee. <br /> B. Prevailing Wages. The wark performed under this Contract is subject to prevailing wages, and <br /> the workers who are performing work under this Contract are to be paid no less than the prevailing hourly <br /> rate of wages as set by the appropriate authority. Any future work performed by workers under this Contract <br /> will be subject to the wage determination of the appropriate authority which is in effect when the work is <br /> performed. Monthly certified payrolls will be submitted by the Company and the Company's subcontractors, <br /> if any, to the Owner whenever work is performed on the Tank that is subject to prevailing wage <br /> requirements. However, the Owner and the Company hereby agree that if the prevailing wage rates for any <br /> job or trade classification increases by more than 5% per annum from the effective date of this Contract to <br /> the date in which any future work is to be performed under this Contract,then the Company reserves the right <br /> to re-negotiate the annual fee(s) with the Owner. If the Company and the Owner cannot agree on re- <br /> negotiated annual fee(s), then: (1) the Company will not be obligated to perform the wark and (2) the <br /> Company will not be obligated to return past annual fee(s)received by the Company. <br /> C. Company Responsibility. The Company and the Company's subcontractors, if any, will perform <br /> all work in accordance with all applicable rules, regulations and laws of the local, state or federal <br /> governments. <br /> Article 7. Excluded Items: This Contract does NOT include the cost for and/or liability on the part of the <br /> Company for: (1) containment of the Tank for future services performed after the initial renovation in <br /> Contract Year l; (2) disposal of any hazardous waste materials; (3) resolution of operational problems or <br /> structural damage due to cold weather; (4) repair of structural damage due to antenna installations or other <br /> attachments for which the Tank was not originally designed; (5) resolution of operational problems or repair <br /> of structural damage or site damage caused by physical conditions below the surface of the ground; (6) <br /> negligent acts of Owner's employees, agents or contractors; (7) damages, whether foreseen or unforeseen, <br /> caused by the Owner's use of pressure relief valves; (8) repairs to the foundation of the Tank; or (9) other <br /> conditions which are beyond the Owner's and Company's control, including, but not limited to: acts of God <br /> and acts of terrorism. Acts of graffiti vandalism are not excluded. When containment services are required <br /> for future rehabilitation under this Contract, the Company will provide the Owner with an option to purchase <br /> the required containment services at an additional cost. <br /> Page 3 of 7 <br /> O 2007 Utility Service Co., [nc. <br /> Rev.04/07 <br />