Common use of HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS Clause in Contracts

HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS. 7.1 Customer has not observed or received notice from any source (formal or informal) of: (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer’s knowledge, might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations. 7.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the Site. 7.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the Services, the discovery of the condition shall constitute a cause beyond Honeywell’s reasonable control and Honeywell shall have the right to cease the Services until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery. 7.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 7.5 Customer is responsible for the containment of any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant on Site and is directly and solely negligent for its mishandling. 7.6 Customer will maintain a safe workplace for performance of the Services on Site by Honeywell and will ensure that it has health and safety protocols in place addressing the COVID-19 pandemic as needed, as well as any applicable federal, state and local laws regarding workplace safety. Customer will ensure that its workplace is free of any recognized hazards that are likely to cause death or serious physical harm. 7.7 To the fullest extent allowed by law, Customer shall indemnify and hold Honeywell harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants’ and attorneys’ fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way results from or arises under the breach of the representations and warranties in this section, the existence of mold or a hazardous substance at a site, or the occurrence or existence of the situations or conditions described in this section, whether or not customer provides Honeywell advance notice of the existence or occurrence and regardless of when the hazardous substance or occurrence is discovered or occurs. this indemnification shall survive termination of this agreement for whatever reason.

HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS. 7.1 5.1 Customer has not observed or received notice from any source (formal or informal) of: of (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer’s knowledge, might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations. 7.2 5.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the SiteSite except as specifically provided in an attached Work Scope Document. 7.3 5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the work or Services, the discovery of the condition shall constitute a cause beyond Honeywell’s reasonable control and Honeywell shall have the right to cease the work or Services until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery. 7.4 5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 7.5 5.5 Customer is responsible for the containment of any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant on Site onsite and is directly and solely negligent for its mishandling. 7.6 Customer will maintain a safe workplace for performance of the Services on Site by Honeywell and will ensure that it has health and safety protocols in place addressing the COVID-19 pandemic as needed, as well as any applicable federal, state and local laws regarding workplace safety. Customer will ensure that its workplace is free of any recognized hazards that are likely to cause death or serious physical harm. 7.7 To the fullest extent allowed by law, Customer shall indemnify and hold Honeywell harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants’ and attorneys’ fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way results from or arises under the breach of the representations and warranties in this section, the existence of mold or a hazardous substance at a site, or the occurrence or existence of the situations or conditions described in this section, whether or not customer provides Honeywell advance notice of the existence or occurrence and regardless of when the hazardous substance or occurrence is discovered or occurs. this indemnification shall survive termination of this agreement for whatever reason.

HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS. 7.1 6.1 Customer has not observed or received notice from any source (formal or informal) ofof : (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer’s knowledge, might cause or promote accumulationaccumulation , concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations.such 7.2 6.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the Site. 7.3 6.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the Services, the discovery of the condition shall constitute a cause beyond Honeywell’s reasonable control and Honeywell shall have the right to cease the Services until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery. 7.4 6.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 7.5 6.5 Customer is responsible for the containment of any and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or causes of action that arise out of the storagestorage , consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant on Site onsite and is directly and solely negligent for its mishandling. 7.6 6.6 Customer will maintain a safe workplace for performance of the Services on Site onsite by Honeywell and will ensure that it has health and safety protocols in place addressing the COVID-19 pandemic as needed, as well as any applicable federal, state and local laws regarding workplace safety. Customer will ensure that its workplace is free of any recognized hazards that are likely to cause death or serious physical harm. 7.7 To the fullest extent allowed by law, Customer shall indemnify and hold Honeywell harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants’ and attorneys’ fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way results from or arises under the breach of the representations and warranties in this section, the existence of mold or a hazardous substance at a site, or the occurrence or existence of the situations or conditions described in this section, whether or not customer provides Honeywell advance notice of the existence or occurrence and regardless of when the hazardous substance or occurrence is discovered or occurs. this indemnification shall survive termination of this agreement for whatever reason.

HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS. 7.1 5.1 Customer has not observed or received notice from any source (formal or informal) of: of (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to Customer’s knowledge, might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations. 7.2 5.2 Honeywell is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the SiteSite except as specifically provided in an attached Work Scope Document. 7.3 5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the work or Services, the discovery of the condition shall constitute constitutes a cause beyond Honeywell’s reasonable control and Honeywell shall have the right to may cease the work or Services until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. Honeywell shall have the right to may terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery. 7.4 5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 7.5 Customer is responsible for the containment of any and all refrigerant stored on or about the premises5.5 TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER INDEMNIFIES AND HOLDS HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, CONSULTANTS’ AND ATTORNEYS’ FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIES, CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FROM OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND WARRANTIES IN THIS SECTION, THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS DESCRIBED IN THIS SECTION, WHETHER OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE HAZARDOUS SUBSTANCE OR OCCURRENCE IS DISCOVERED OR OCCURS. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claims, damages, or causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant on Site and is directly and solely negligent for its mishandlingTHIS INDEMNIFICATION SURVIVES TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. 7.6 Customer will maintain a safe workplace for performance of the Services on Site by Honeywell and will ensure that it has health and safety protocols in place addressing the COVID-19 pandemic as needed, as well as any applicable federal, state and local laws regarding workplace safety. Customer will ensure that its workplace is free of any recognized hazards that are likely to cause death or serious physical harm. 7.7 To the fullest extent allowed by law, Customer shall indemnify and hold Honeywell harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants’ and attorneys’ fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way results from or arises under the breach of the representations and warranties in this section, the existence of mold or a hazardous substance at a site, or the occurrence or existence of the situations or conditions described in this section, whether or not customer provides Honeywell advance notice of the existence or occurrence and regardless of when the hazardous substance or occurrence is discovered or occurs. this indemnification shall survive termination of this agreement for whatever reason.

HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS. 7.1 5.1 Customer has not observed or received notice from any source (formal or informal) of, nor is it aware of: (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a SiteSit e; or (b) conditions that, to Customer’s knowledge, that might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations. 7.2 5.2 Honeywell is not responsible for determining whether the Covered Equipment any equipment or the temperature, humidity and ventilation settings used by Customer, are appropriate for Customer and the SiteSite except as specifically provided in an attached Work Scope Document. 7.3 5.3 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by Honeywell or others and provide an unsafe condition for the performance of the work or Services, the discovery of the condition shall s hall constitute a cause beyond Honeywell’s reasonable control and Honeywell shall have the right to cease the work or Services until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. Honeywell shall have the right to terminate this Agreement if Customer has not fully remediated the unsafe condition within sixty (60) days of discovery. 7.4 5.4 Customer represents that Customer has not retained Honeywell to discover, inspect, investigate, identify, be responsible for, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 7.5 . Honeywell shall have no duty, obligation or liability, all of which Customer is responsible expressly waives, for the containment of any and all refrigerant stored on damage or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell against any and all claimsclaim, damages, whether known or causes of action that arise out of the storage, consumption, loss and/or disposal of refrigerant, except to the extent Honeywell has brought refrigerant on Site and is directly and solely negligent for its mishandling. 7.6 Customer will maintain a safe workplace for performance of the Services on Site by Honeywell and will ensure that it has health and safety protocols in place addressing the COVID-19 pandemic as needed, as well as any applicable federal, state and local laws regarding workplace safety. Customer will ensure that its workplace is free of any recognized hazards that are likely to cause death or serious physical harm. 7.7 To the fullest extent allowed by law, Customer shall indemnify and hold Honeywell harmless from and against any and all claims and costs of whatever natureunknown, including but not limited to, consultants’ and attorneys’ fees, damages for bodily injury and to property damage, finespersonal injury, penaltiesloss of income, cleanup costs and costs emotional distress, death, loss of use, loss of value, adverse health effect or any special, consequential, punitive, exemplary or other damages, regardless of whether such damages may be caused by or otherwise associated with delay defects in the Work, in whole or work stoppagein part due to or arising from any investigation, that testing, analysis, monitoring, cleaning, removal, disposal, abatement, remediation, decontamination, repair, replacement, relocation, loss of use of building, or equipment and systems, or personal injury, death or disease in any way results from associated with Hazardous Substances or arises under the breach of the representations and warranties in this section, the existence of mold or a hazardous substance at a site, or the occurrence or existence of the situations or conditions described in this section, whether or not customer provides Honeywell advance notice of the existence or occurrence and regardless of when the hazardous substance or occurrence is discovered or occurs. this indemnification shall survive termination of this agreement for whatever reasonMold.