Common use of INSTALLATION AND MAINTENANCE OF THE PRODUCTS Clause in Contracts

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If installation of the Products or the provision of maintenance is a requirement of the Contract, the following provisions shall apply and Supplier’s price and provision of installation or maintenance are subject to the following provisions at the expense and responsibility of Buyer: (i) safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (ii) the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (iii) the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If any of the above provisions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, in which the Products are to be installed, used or stored.

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If installation of the Products or the provision of maintenance is a requirement of the Contractmaintenance, the following provisions conditions shall apply and Supplier’s price and provision of installation or maintenance are subject to the following provisions conditions at the expense and responsibility of Buyer: Buyer (i) unless otherwise expressly agreed in the individual case): i. safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (; ii) . the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (; iii) . the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (; iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) . the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) ; v. the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) and vi. the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If any or all of the above provisions conditions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, premises in which the Products are to be installed, used or stored.

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If installation of the Products or the provision of maintenance is a requirement of the Contract, the following provisions performance of such work shall apply and Supplier’s price and provision of installation or maintenance are be subject to the Buyer properly fulfilling the following provisions at the Buyer’s expense and responsibility of Buyerresponsibility: (ia) safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (iib) the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (iiic) the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (ivd) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (ve) the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vif) the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (viig) the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If any of the above provisions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing works for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, in which the Products are to be installed, used or stored. 11.4 Information provided by Supplier’s employees will be the basis for calculating the working time. Supplier may demand a written confirmation that the work has been properly performed. 11.5 The Buyer should set the date for performing the work so that it is completed before weekends (if possible on Friday, or on Saturday, if necessary) or public holidays. If the work continues over a weekend or one or several public holidays, and no work is possible or necessary on these days, Supplier’s personnel will be entitled to travel home for the weekend. The costs thereof will be borne by the Buyer. This will also apply to consecutive public holidays or public holidays adjoining a weekend. Supplier’s personnel have been instructed to strictly observe the maximum admissible working hours, breaks and rest periods pursuant to the applicable working time provisions (in Germany in particular according to the German Working Time Act [Arbeitszeitgesetz]). 11.6 If excess of the maximum admissible working hours is permissible in exceptional cases on certain conditions, and if the Buyer utilizes the services of Supplier’s personnel in excess of the generally admissible working hours, then the Buyer shall inform Supplier immediately and confirm to it – in a form that meets the requirements of the respectively applicable regulations – compliance with the conditions for justified excess of the maximum working hours, as well as confirming the amount of overtime. Work on Sundays and public holidays may only be performed in exceptional cases, as set forth in the respectively applicable provisions. In such cases, too, the Buyer will be required to inform Supplier immediately and to issue a respective confirmation. 11.7 The Buyer shall take all measures for protection of Supplier’s personnel required in accordance with the general and special accident prevention regulations, in particular with the accident prevention regulations of the institution for the precision and electrical engineering industry [Berufsgenossenschaft der Feinmechanik und Elektrotechnik] as well as the German Ordinance on Hazardous Substances [Gefahrstoffverordnung]

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If installation of the Products or the provision of maintenance is a requirement of the Contract, the following provisions shall apply and Supplier’s price and provision of installation or maintenance are subject to the following provisions at the expense and responsibility of Buyer: (i) safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (ii) the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (iii) the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (iv) Buyer taking all necessary and beneficial measures to protect SupplierHBK’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with SupplierHBK’s health, environment and safety standards as set forth in SupplierHBK’s respective policy which will be provided to the Buyer upon request; (v) the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If any of the above provisions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, in which the Products are to be installed, used or stored.;

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If In the event of installation of the Products or the provision of maintenance is a requirement of the Contractmaintenance, where applicable the following provisions conditions shall apply and Supplier’s price and provision of installation or maintenance are subject to the fulfilment of the following provisions conditions at the expense and responsibility of Buyer: (i) In the absence of an installation date being agreed between the parties, Buyer shall agree to a reasonable installation date with the Supplier, such installation date to be not more than 10 days after delivery. safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (ii) the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (iii) the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance. For the avoidance of doubt, this includes any third party equipment that is required but which the Buyer has decided to purchase themselves; (vi) the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If . In case any or all of the above provisions conditions are not, not properly or not timely complied with, or Supplier arrives on site but the Buyer delays such installation or maintenance or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 . Such costs will be invoiced and payment due in accordance with 9.3. Supplier neither assumes no liability and nor offers no any warranty for the fitness or adequacy of the premises or the utilities available at the premises, premises in which the Products are to be installed, used or stored.

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If In the event of installation of the Products or the provision of maintenance is a requirement of the Contractmaintenance, the following provisions conditions shall apply and Supplier’s price and provision of installation or maintenance are subject to the fulfilment of the following provisions conditions at the expense and responsibility of Buyer: (i) : i. safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (; ii) . the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (; iii) . the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (; iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) . the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) ; v. the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) and vi. the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If In case any or all of the above provisions conditions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier neither assumes no liability and nor offers no any warranty for the fitness or adequacy of the premises or the utilities available at the premises, premises in which the Products are to be installed, used or stored.

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 12.1 If installation of the Products or the provision of maintenance is a requirement of the Contractmaintenance, the following provisions conditions shall apply and Supplier’s price and provision of installation or maintenance are subject to the following provisions conditions at the expense and responsibility of Buyer: Buyer (i) unless otherwise expressly agreed in the individual case): i. safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (; ii) . the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (; iii) . the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (; iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) . the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) ; v. the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) and vi. the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 12.2 If any or all of the above provisions conditions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 12.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, premises in which the Products are to be installed, used or stored.

INSTALLATION AND MAINTENANCE OF THE PRODUCTS. 11.1 If In case of installation of the Products or the provision of maintenance is a requirement of the Contractmaintenance, the following provisions conditions shall apply and Supplier’s price and provision of installation or maintenance are subject to the following provisions conditions at the expense and responsibility of Buyer: Buyer (i) unless otherwise expressly agreed in the individual case): i. safe and secure climate controlled on-site storage so that Products and Supplier’s tools (as applicable) are protected against theft and any damage or deterioration; any item lost or damaged during the storage period shall be repaired or replaced at Buyer’s sole expense; (; ii) . the timely and sufficient execution and completion of the preparatory works in accordance with all applicable safety, electrical and building codes as well as with Supplier’s requirements; (; iii) . the availability of Buyer’s site to Supplier without obstacles in due time to enable Supplier to start installation or maintenance at the scheduled date, whereby in case Supplier’s personnel involved in such work should be required by Buyer to undergo specific training or certification or Buyer having to pay an access fee of any kind prior to entering Buyer's site, Supplier may invoice any costs related thereto to the Buyer; (; iv) Buyer taking all necessary and beneficial measures to protect Supplier’s personnel and property when entering Buyer's site and guarantee that conditions in this site are in conformance with Supplier’s health, environment and safety standards as set forth in Supplier’s respective policy which will be provided to the Buyer upon request; (v) . the availability of the manpower and equipment necessary to place the Products in their final location or to provide the scheduled maintenance; (vi) ; v. the acquisition of all permits, licenses, rights of way, etc. of the pertinent authorities required for or in connection with installation or maintenance to be performed; and (vii) and vi. the availability of all visas or any other permits necessary for Supplier’s personnel and for the import and export of tools, equipment, and materials necessary for installation or maintenance to be performed. 11.2 If any or all of the above provisions conditions are not, not properly or not timely complied with, or Supplier has to interrupt or delay its installation or maintenance works, subsequent testing for reasons not attributable to Supplier, the period of completion shall be extended accordingly and any and all additional costs resulting therefrom shall be for Buyer’s account. 11.3 Supplier assumes no liability and offers no warranty for the fitness or adequacy of the premises or the utilities available at the premises, premises in which the Products are to be installed, used or stored.