Common use of Tools and Equipment Clause in Contracts

Tools and Equipment. The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged in the course of employment (other than through fault of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. Employee's tools that are stolen shall be replaced by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in the form of a locked job box or similar structure on the jobsite or properly locked and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied by the Employer. The Employee shall be Liable for replacement of tools, equipment and communication devices whether furnished by the Employer or the Employee, which are damaged, lost or stolen due to carelessness or negligence of the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's control

Tools and Equipment. The Service Agreement Schedule A Journeyman and Apprentice is to provide whatever hand tools are required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement Schedule A contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Schedule A Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service & Light Commercial Construction program, tools provided by the JAC will be returned to the JAC under the J A C JAC Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged in the course of employment (other than through fault of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. Employee's tools that are stolen shall be replaced by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in the form of a locked job box or similar structure on the jobsite or properly locked and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied by the Employer. The Employee shall be Liable for replacement of tools, equipment and communication devices whether furnished by the Employer or the Employee, which are damaged, lost or stolen due to carelessness or negligence of the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's control

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. a) Each Employee shall provide himself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of forty-five cents ($0.45) per hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full compliment of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. a) Each Employee shall provide himself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of forty-five cents ($0.45) per hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full complement of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. a) Each Employee shall provide themself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full complement of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. a) Each Employee shall provide themself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of forty-five cents ($0.45) per hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full complement of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.

Tools and Equipment. The Service (a) Employees performing Residential and Light Commercial Work under this Agreement Journeyman and Apprentice is shall be required to provide whatever furnish a basic kit of hand tools are required to accomplish perform normal duties as shown on Table1 herein. Tools furnished by the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice Employees shall be responsible to provideitemize on an inventory sheet and, where possible, personally identified.‌ (b) The Employer may not, as necessarya condition of employment, for require the work of the trade. Service Agreement Apprentices will be provided a set of technician to supply any tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at handother than those listed in paragraph (a) herein. All other tools, equipment equipment, instruments, meters, and communication devices required for the performance of the plumbing work Residential and Light Commercial Work shall be furnished by the Employer. . (c) Tools furnished by the Employee that are broken or damaged in the course of employment (other than through fault of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. Employee's . (d) Employee tools that are stolen shall be replaced by the Employer, if they the tools are stolen from a (properly locked) mutually agreed secured area arrangement in the form of a locked job box box, in either the truck/service vehicle, or similar structure on the jobsite jobsite, or properly locked and alarmed truck/vehicle and if the loss is due to forced entry to of such secured area and arrangement. When tool theft occurs from a police report has been filed. truck/service vehicle, Table 1, “Tool Replacement,” herein shall apply. (e) Employees shall be responsible for all tools, equipment, vehicles, instruments, meters, communication devices and/or vehicles, and other items supplied by the Employer. The Employee shall be Liable liable for replacement of tools, equipment and communication devices whether furnished by the Employer or the Employee, which are damaged, lost or stolen due to carelessness or the negligence of the Employee. . (f) The Employer may, at its option, insure Employee furnished tools against loss or theft, and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. . (g) The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's ’s tools or against loss of the Employer's ’s tools in the Employee's ’s control.

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. (a) Each Employee shall provide himself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. (b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. (c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. (d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of forty-five cents ($0.45) per hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full compliment of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.

Tools and Equipment. The Service Agreement Journeyman Unless otherwise specifically provided in this Agreement, Supplier shall provide all labor, tools and Apprentice is to provide whatever hand equipment (the "tools") for performance of this Agreement. Should Supplier actually use any tools are required to accomplish owned or rented by Company or its customer, Supplier acknowledges that Supplier accepts the work tools "as is, where is," that neither Company nor its customer have any responsibility for the condition or state of repair of the trade tools and that Supplier shall have risk of loss and damage to such tools. Supplier agrees not to remove the tools from Company's or its customer's premises and to return the Exhibit A attachedtools to Company or its customer upon completion of use, or at such earlier time as Company or its customer may request, in the same condition as when received by Supplier, reasonable wear and tear excepted. Exhibit A USE OF INFORMATION - Supplier shall view as Company's property any idea, data, program, technical, business or other intangible information, however conveyed, and any document, print, tape, disk, tool, or other tangible information- conveying or performance-aiding article owned or controlled by Company, and provided to, or acquired by, Supplier under or in contemplation of this Agreement (Information). Supplier shall, at no charge to Company, and as Company directs, destroy or surrender to Company promptly at its request any such article or any copy of such Information. Supplier shall keep Information confidential and use it only in performing under this Service Agreement contains and obligate its employees, subcontractors and others working for it do so, provided that the foregoing shall not apply to information previously known to Supplier free of obligation, or made public through no fault imputable to Supplier. WAIVER - The failure of either party at any time to enforce any right or remedy available to it under this Agreement or otherwise with respect to any breach or failure by the other party shall not be construed to be a list waiver of hand tools, from which such right or remedy with respect to any other breach or failure by the journeyman and apprentice shall be responsible other party. WARRANTY - Supplier warrants to provide, as necessary, for the work of the trade. Service Agreement Apprentices Company that material furnished will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue new, merchantable, free from defects in design, material and workmanship and will conform to and perform in accordance with the Residential Service programspecifications, tools provided by the JAC will be returned drawings and samples. These warranties extend to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the future performance of the plumbing work material and shall continue for one year after the material is accepted by Company. Supplier also warrants to Company that services will be performed in a first class, workmanlike manner. In addition, if material furnished contains one or more manufacturers' warranties, Supplier hereby assigns such warranties to Company and its customers. All warranties shall survive inspection, acceptance and payment. Material or services not meeting the warranties will be, at Company's option, returned for refund, repaired, replaced or reperformed by Supplier at no cost to Company or its customers and with transportation costs and risk of loss and damage in transit borne by Supplier. Repaired and replacement material shall be furnished by the Employerwarranted as set forth above in this clause. Tools furnished by the Employee that are broken or damaged in the course of employment (other than through fault WORK DONE BY OTHERS - If any of the Employee) Work is dependent on work done by others, Supplier shall be repaired inspect and promptly report to Company's Representative any defect that renders such other work unsuitable for Supplier's proper performance. Supplier's silence shall constitute approval of such work as fit and suitable for Supplier's performance. Section Three ------------- MEDIATION - If a dispute arises out of or replaced (in like kindrelates to this Agreement, if possible) by the Employer. Employee's tools that are stolen shall be replaced by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in the form of a locked job box or similar structure on the jobsite or properly locked and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied by the Employer. The Employee shall be Liable for replacement of tools, equipment and communication devices whether furnished by the Employer or the Employee, which are damaged, lost or stolen due to carelessness or negligence of the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theftbreach, and the Employee parties have not been successful in resolving such dispute through negotiation, the parties agree to attempt to resolve the dispute through mediation by submitting the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association ("AAA"). Each party shall receive no further reimbursement for their use in bear its own expenses and an equal share of the course expenses of employment other than repair or replacement as provided hereinthe mediator and the fees of the AAA. The Employer parties, their representatives, other participants and the mediator shall hold the existence, content and result of the mediation in confidence. If such dispute is not resolved by such mediation, the parties shall have the right to resort to any remedies permitted by law. All defenses based on passage of time shall be tolled pending the termination of the mediation. Nothing in this clause shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending mediation. A request by a party to a court for such injunctive relief shall not require an Employee to secure an insurance policy against loss be deemed a waiver of the Employeeobligation to mediate. Section Four ------------ AUDIT - With the exception of prices fixed by this Agreement, Supplier shall maintain accurate and complete records including a physical inventory, if applicable, of all costs incurred under this Agreement which may affect costs (i.e. travel, living expense, etc.) payable by Company under this Agreement. These records shall be maintained in accordance with recognized commercial accounting practices so they may be readily audited and shall be held until costs have been finally determined under this Agreement and payment or final adjustment of payment, as the case may be, has been made. Supplier shall permit Company or Company's tools representative to examine and audit these records and all supporting records at all reasonable times. Audits shall be made not later than three (3) calendar year(s) after the (a) final delivery date of material ordered or against loss completion of the Employer's tools in the Employee's controlservices rendered or three (3) calendar year(s) after expiration date of this Agreement, whichever comes later.

Tools and Equipment. 15:01 The Service Agreement Journeyman and Apprentice is to provide whatever hand tools are Employer shall make available when required to accomplish the work of the trade from the Exhibit A attached. Exhibit A to this Service Agreement contains a list of hand tools, from which the journeyman and apprentice shall be responsible to provide, as necessary, for the work of the trade. Service Agreement Apprentices will be provided a set of tools upon entrance into the JAC program. Should the apprentice not continue with the Residential Service program, tools provided by the JAC will be returned to the JAC under the J A C Guidelines. It is the apprentice's responsibility to maintain his/her tools and have them available daily for the job at hand. All other tools, equipment and communication devices required for the performance of the plumbing work shall be furnished by the Employer. Tools furnished by the Employee that are broken or damaged Employees in the course of employment (other than through fault their employment, the tools and equipment generally considered the responsibility of the Employee) shall be repaired or replaced (in like kind, if possible) by the Employer. EmployeeThe EMPLOYER'S TOOLS shall not be subjected to negligent care or abuse; any breakage or loss of any such tools shall immediately be reported by the Employee to his supervisor. The Employer shall provide locked facilities for the storage of Employer's tools. a) Each Employee shall provide himself with a tool kit consisting of at least the following: One - 2 lb. ball peen hammer One - 8 inch crescent wrench One - 00 xxxx xxxxxxxx xxxxxx One - set of screw drivers (6 assorted) One - pair of pliers One - chisel One - punch (for cable wedges) One - set of combination wrenches from 1/4" to 1 1/8" inclusive One - set of ½" drive sockets from 7/16" to 1" inclusive together with ratchet and flex handle One - pair wire cutters One - tool box with lock The Union shall advise each new Employee of this requirement. All Employees shall have their tools that are stolen shall available at their place of work. b) The loss of the tools and kit due to fire or theft (by forcible entry) will be replaced met by the Employer, if they are stolen from a (properly locked) mutually agreed secured area in at his expense, ensuring reimbursement directly to the form of a locked job box Employee, or similar structure carrying adequate insurance protection covering such loss, payable to the Employee affected. All tool replacement under this article shall be on the jobsite or properly locked basis of equivalent quality. c) Where Employees such as mechanics are required to provide tools in excess of those listed, the Employee shall provide the employer with an inventory of said tools on an annual basis, and alarmed truck/vehicle and loss is due to forced entry to such secured area and a police report has been filed. Employees inventory shall be responsible for all tools, equipment, communication devices and/or vehicles, supplied checked and approved by the Employer, and the "loss" provisions shall apply. d) Mechanics and apprentice mechanics who are required to utilize their own hand tools, shall receive a tool allowance of per hour for each hour worked. The Employee shall Said tool allowance is to be Liable for replacement paid on each regular pay day and be designated as a separate item from earnings on the pay statement. 15:03 When a mechanic, as a condition of his employment, is required to carry a full complement of tools, equipment and communication devices whether furnished he shall, before starting work for the Employer, submit an inventory of tools which will be checked by the management. Upon acceptance, the Employer shall insure those tools at the equivalent quality or replacement value against fire, breakage, and/or theft of tools by forcible entry. 15:04 In the Employee, which are damaged, lost or stolen due to carelessness or negligence event of theft of tools by forcible entry the Employee. The Employer may, at its option, insure Employee furnished tools against loss or theft, must notify the Police Department and the Employee shall receive no further reimbursement for their use in the course of employment other than repair or replacement as provided herein. The Employer shall not require an Employee to secure an insurance policy against loss of the Employee's tools or against loss of the Employer's tools in the Employee's controlimmediately.