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HomeMy WebLinkAbout20- Aftermarket Comprehensive Services Plan - Pall WaterAftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 1 of 9 Aftermarket Comprehensive Services Plan for City of Bozeman Pall Water Aria Filtration System Equipment Type Large Water 6 Racks PALL SAP#: 566060 WBS No. ..................................... 01.000163 Start Up Date: Module Warranty Expires: 9/30/24 Equipment Warranty Expired: 9/30/16 Company Contact: Jill Miller E-Mail: jmiller@bozeman.net Phone: Site Location: 7022 Sourdough Canyon Rd. Bozeman, MT 59715 Table of contents Page 1 Cover Page; Ordering Instructions and table of contents 2 Proposal Summary, Description of Services and pricing detail 3 Customer Authorization for Service Form; Site & Billing addresses 4 Definition of Contract Terms 6 Essential Service Event Details 8 Terms and Conditions Ordering Instructions Complete the “Customer Authorization for Service” form on page 3 and remit to: Pall Water Customer Service Email: Pall_Technology_csc@pall.com OR P.O. Box 5630, 839 State Route 13 Cortland, New York 13045-5630 Fax: 607-758-4526 DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 2 of 9 PROPOSAL SUMMARY Pall Water provides a post-warranty support service plan to ensure continued aftermarket operation of your System. Over time, machinery ages and may malfunction. Components and technology also get upgraded - or become obsolete - as new innovations develop and get implemented. Our Technical Team is also commissioned to 24/7 on-call availability. The frequency of the proposed service is an Annual visit. If you require service frequency of Semi-Annual or Quarterly, the contract can be revised to accommodate your service needs. If additional service support is required beyond the contract frequency and scope, it can also be provided at the Pall standard service rates above. Advance authorization is required for any time that exceeds the scope of service and t he amount of the issued PO. Additional T&E will apply. D ESCRIPTION OF SER VIC E Pricing Per visit Annual Service Plan Fee per 12-Mo. visit SYSTEM INSPECTION SERVICE* (MM #38588) Overall System Review •Review system and process operation •Make system adjustments and improvements as time allows •Identify future needs for operation staff to maintain plant performance •All travel and expenses included in pricing $6,720.00 $6,720.00 REFRESHER TRAINING* (MM #16115) (performed in conjunction with the above-scheduled System Inspection Service visit during the contracted Services Plan visit) •Hands on refresher training $5,600.00 $5,600.00 ANNUAL RATES $12,320.00 $12,320.00 **Note: Without an Aftermarket agreement, non-contracted customers will be subject to a Fee-per- Incident for phone support service (credit card required at time of call). DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 3 of 9 Customer Authorization for Service Form Effective Date and Duration: This Agreement will be effective as of the date signed below, and will remain in effect: • for 12 consecutive months (or as indicated in the annual or multi-year contract) • or until 30 days after receipt of written notice of termination by either party. Customer Billing Address: Customer Shipping Address (Spare Parts): Customer Comments: Requested Date(s) to Schedule Service Visit(s): (unless deemed emergency service, please allow a 4-week window to accommodate scheduling by Pall Water Systems.) Remit this form & PO# to our Pall Water Customer Service email: pall_technology_csc@pall.com Annual 3-Year Term Circle Plan Term: Purchase Order No. or Reference for Billing: DateSignature Title/PositionPrint Name Company: I am an authorized representative of the Customer, and I accept the Terms and Conditions of this Service Agreement on behalf of the Customer. I authorize Pall Water Systems to perform the work defined in this agreement, and accept the costs and charges defined in this agreement. WTPJMM10062020 City of Bozeman January City of Bozeman WTP 7024 Sourdough Canyon Road Bozeman, MT 59715 City of Bozeman WTP 7024 Sourdough Canyon Road Bozeman, MT 59715 DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 City ManagerJeff Mihelich 10/7/2020 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 4 of 9 Definition of Plan Terms Pall - Pall Water or its assigned Representative Customer - Company or Organization purchasing services as defined by this contract The Customer’s maintenance staff will be responsible for supplying tools, ladders, lifts, or other equipment required to execute the maintenance function. Site personnel will be solely responsible for ensurin g that all maintenance procedures are performed in accordance with all applicable safety regulations. FSE - The role of the Pall Water Field Service Engineer (FSE) is to complement the sites existing technical / maintenance staff by providing expertise specific to Pall Water supplied technology. The Pall Water FSE will direct site maintenance staff in the proper execution of maintenance procedures. Description of the Plan Services 1.System Inspection Service 2.Refresher Training 1.System Inspection Service Upon arrival, the Pall Water FSE will meet with designated plant personnel to review the planned scope of work for the Inspection, and obtain confirmation prior to proceeding. Should the Customers expectations be outside of the scope of work, the ins pection will not proceed until Pall Water and the Customer agree to the Scope of Service. If necessary, Scope changes can be quoted and accepted onsite, prior to performing the planned service. The FSE will perform a comprehensive inspection of the Pall Water Aria Filtration System, which includes all hardware and operating parameters to determine System functional status, and make preventive maintenance recommendations. Should an issue be identified that can be resolved by the FSE during this visit, a price for the immediate service can be provided, and the work completed with your approval by means of a verbal change order to Pall Water Systems Customer Service. Advance authorization is required for any time that exceeds the Scope of Service and the amo unt of the issued PO. Upon completion of the service, the FSE will meet with designated Plant personnel to review the findings of the Inspection, and discuss any problems, corrective actions or recommendations. 2.Operator Training To support proper operation of your system, Pall recommends that you take advantage of a training session with actual hands-on time to achieve a significant level of competence and confidence with the equipment. Sessions should be repeated annually as refresher training, or when you have new system operators. Classroom instruction will ONLY be provided if it is specifically indicated as part of the proposal summary. The content would include information on the Principles of Filtration, and Cross -flow Technology, as well as general procedures will be presented in a combination of PowerPoint slides and hands-on activities. A training binder would be provided for each participant. Hands-on CIP training / refresher CIP refresher training is ONLY provided when Pall perform s the CIP service, and if it is specifically indicated as part of the proposal summary. The CIP service visit should be scheduled preferably when reduced system flux suggests the modules could benefit from cleaning. As Pall Systems require periodic cleaning; the cleaning frequency will vary. CIP neglect will cause DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 5 of 9 long-term flux deterioration, which can be difficult to restore. If not performed on a regular basis, CIP Protocols may become unfamiliar, ominous and critical. 3. 24/7 Aftermarket Phone Support Service Pall Water Engineers provide live, around-the-clock technical support. They account for their Phone Service time (consults, troubleshooting, parts recommendations, remote access, etc.), both, during regular business hours, as well as after hours (on-call). Their services are allocated to each customer’s account at no charge. For technical support, Warranty assistance, or Services & Spares orders, Customers can contact Pall Water toll free at #866-475-0115. If the problem cannot be resolved over the telephone, the Customer can request a Pall Water System Service Representative to visit the site location. You will be quoted an Emergency Service Rate, including last-minute travel expenses. Where possible, the F SE will use remote modem access to troubleshoot and resolve problems. Important Note: Non-contracted customers are charged at a Fee-per-Incident rate, applicable to assigned engineering time. 4. Fee-per-Incident Technical Phone Support (non-contracted Customers) Pall Water Engineers are on full-time rotation to provide live, around-the-clock technical support. Prior to the phone consult, customers will need to provide a credit card number or PO# that will be billed at Pall Water’s standard service rates, with a minimum charge of $250.00. Telephone support will be billed per call, logged at a rate of $250.00 for the first 30 minutes, then, at $375.00/hour. The Customer will only be billed the half hour rate once per Call Log Number. Subsequent calls for the same call log will be billed at $375.00/hr. If the problem cannot be resolved over the telephone, the Customer can request a Pall Water System Service Representative to visit the site location. You will be quoted an Emergency Service Rate and billed for last-minute travel expenses. Essential Service Event Details Materials: This proposal covers the scope of work described above. All additional materials purchased by Pall Water for use on your System that have been verbally authorized by you to complete this work will be invoiced as part of this contract. Scheduling: When possible, Pall Water will make every effort to accommodate a Customer’s schedule for services, once they have been defined and communicated. Field Service requires a minimum 4 - week advance notification. Upon receipt of your purchase order, we can confirm the schedule, and allocate the appropriate Pall Water Service resources. Validity: This proposal is valid for 90 days. Terms of Sale: Pall Water Standard Terms and Conditions of Sale of Services apply. DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 6 of 9 Terms of Service: ▪ Regular minimum service charge is for a 10-hour day. Maximum workday is 12 hours, including travel time. ▪ Travel time and expenses are included in the Service. Service Order acceptance and payment terms: Pall Water requires all accounts outstanding beyond 30 days to be paid in full prior to order acceptance. Your account status will be verified at the time of order placement, and you will be notified if you have a balance due. To avoid order processing, goods shipment, or service scheduling delays, please insure your account is up to date in advance of placing your order. Charges per the proposal will be invoiced automatically, and become payable within 30 business days of receipt. Changes: If additional service is required beyond the Plan frequency and scope, Pall Water will work with you to make those changes. Advance authorization is required for any activity that exceeds the scope of service and the amount of the issued PO. Additional T&E may apply. Pall Water shall not implement any changes in the Scope of Services described in its proposal unless Customer and Pall Water agree to the details of the change, and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law. A Purchase Order or acceptable letter of authorization, including Travel & Expense per diem reimbursements, and a signed copy of the attached Customer Authorization of Service Form is required prior to Pall Water providing the services defined in this proposal. Maintaining an Aftermarket Service Plan, or an Aftermarket Phone Support Service, provides the best possible return on your Pall Water System investment. The Plan also provides pre -emptive measures that help to identify potential anomalies or malfunctions which may create untimely disruptions, costly down - times, or otherwise, could contribute to disaster response issues encountered by Municipal Plants and a community’s water system. Implementing the Service Plan ensures pri ority response and avoids the Fee- per-Incident charges. Sincerely, Alexander Braman Inside Sales Representative Phone: 720-202-6536 E-mail: alexander_braman@pall.com DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 7 of 9 Terms and Conditions of Sale of Services 1. Acceptance: Acceptance by Pall Corporation (“Seller”) of Buyer's order is limited to Seller's express terms and conditions of sale contained herein and on the face of any order acknowledgment form, Seller’s quotation, proposal or similar document delivered by Seller to Buyer (the “Seller's Acknowledgment Form”) and any terms incorporated herein or therein by reference ("Seller's Terms and Conditions of Sale"). . 2. Services: 2.1 Seller will provide such services (“Services”) as are expressly described in its quotation, proposal, statement of work or other document executed by Seller (the “Quote”) during normal business hours and will charge Buyer in accordance with Seller’s then current schedule of rates, unless otherwise specified in the Quote. Services requested or required by Buyer to be performed outside of normal business hours or in an expedited manner or in addition to the Services included in the Quote will be charged at Seller’s then current schedule of rates, including any applicable overtime or expediting charges, and will be in addition to the charges outlined in the Quote. 2.2 The schedule for the provision of Services is the best estimate possible based on conditions existing at the time of Seller's acceptance of the order or Seller's Quote and receipt of all specifications, as applicable, and in the case of non-standard Services, any such date is subject to Seller's receipt of complete information necessary for completion of Services. Seller assumes no liability whatsoever, including loss of use or for any other direct, indirect, or consequential damages, due to delays. 2.3 It is understood that the Services provided by Seller are not to be considered Professional Engineering Services or Works-for-Hire. In the event design documentation requires a Professional Engineering Stamp, a written scope and definition of responsibility must be executed by Buyer and Seller. 3. Prices: Except as may be specifically provided in Seller's quotation, all prices are subject to change without notice. 4. Taxes: All prices are exclusive of any applicable U.S.A. federal, state or local sales, use, excise or other similar taxes. All such tax es will be for Buyer's account and will be paid by Buyer to Seller upon submission of Seller's invoices. Buyer agrees to make tax accruals and payments to the tax authorities as appropriate. If Buyer is exempt from any applicable sales tax or equivalent but fails to notify Seller of such exemption or fails to furnish its Sales Tax Exemption Number to Seller in a timely manner and Seller is required to pay such tax, the amount of any such payment made by Seller will be reimbursed by Buyer to Seller upon submission of Seller's invoices. 5. Payment: 5.1 Payment for U.S. and Puerto Rico billing shall be made by Buyer in U.S. Dollars net thirty (30) days after the of date of invoice. Payment for non-U.S. billing shall be in accordance with Seller's written instructions. 5.2 A monthly interest charge at the rate of 1.5% or the maximum legal rate allowed by applicable law, whichever is lower, will be assessed on all past due payments calculated from the date of invoice. 5.3 Seller may, at any time or times, suspend performance of any order or require payment in cash, security or other adequate assurance satisfactory to Seller when, in Seller's opinion, the financial condition of Buyer or other grounds for insecurity warrant such action. 5.4 All sales are subject to the approval of Seller's credit department. 5.5 Buyer may not setoff any amounts that may be claimed by Buyer against any amounts that are owed to Seller. DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 8 of 9 6. Warranty, Limitation of Liability and Remedies: 6.1. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE SERVICES, NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED FOR HEREIN. 6.2 Seller further warrants that all Services will be performed in a workmanlike manner and that Seller will use suitably qualified personnel (this warranty shall survive for 90 days following Seller’s completion of the Services). Seller’s liability under any service warranty is limited (in Seller’s discretion) to repeating the Service that during the foregoing 90-day period does not meet this warranty or issuing credit for the nonconforming portion of the Service. 6.3 If Seller determines that any warranty claim is not, in fact, covered by the foregoing warranties, Buyer shall pay Seller Seller’s then customary charges for any additionally required Services. Buyer shall notify Seller promptly in writing of any claims and provide Seller with an opportunity to inspect and test the Service claimed to fail to meet the above warranty. Buyer shall provide Seller with a copy of the original invoice for the Service. All claims must be accompanied by full particulars, including system operating conditions, if applicable. 6.4 In no event will Seller be liable for any damages, incidental, special, consequential, indirect, punitive or otherwise, including loss of profit, remanufacturing costs and rework costs, and lost Buyer product costs (other than price of Seller service) whatever the claim (tort, breach of contract or warranty or otherwise) and whatever the forum, whether arising out of or in connection with the manufacture, packaging, delivery, storage, use, misuse or non- use or resale of any of its Services or any other cause whatsoever. Without limiting the generality of the foregoing, in no event will Seller be liable for any losses or damages in excess of the three times the order value with respect to the Services sold to Buyer hereunder which are claimed to fail to meet above warranties. 6.5 In no event shall Buyer be entitled to claim under the above warranty if Buyer is in breach of its obligations, including but not limited to payment, hereunder. 7. Indemnity/Waiver of Claims/Insurance: For other than Services rendered, to the fullest extent permitted by law, Seller agrees to release, defend, indemnify, and hold harmless Buyer, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as Buyer) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (includin g liability where activity is inherently or intrinsically dangerous) or damages connected therewith recovered from or suffered by Buyer to the extent caused by (i) the negligent, reckless, or intentional misconduct of Seller; (ii) any negligent, reckless, or intentional misconduct of any of Seller’s agents; or (iii) any breach of contract by Seller. For Services rendered, to the fullest extent permitted by law, Seller agrees to indemnify and hold Buyer harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Seller or Seller’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of Buyer as indemnitee(s) which would otherwise exist as to such indemnitee(s). Seller’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by Buyer. Should Buyer be required to bring an action against Seller to assert its right to defense or indemnification under this Agreement or under the Seller’s applicable insurance policies required below, Buyer shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Seller was obligated to defend the claim(s) or was obligated to indemnify Buyer for a claim(s) or any portion(s) thereof. In the event of an action filed against Buyer resulting from Buyer’s performance under this Agreement, Buyer may elect to DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 9 of 9 represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Seller shall at Seller’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Seller in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Seller in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by Buyer. Seller shall furnish to Buyer an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. Buyer shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to Buyer Seller shall notify Buyer with no less than thirty (30) days’ notice of Seller’s receipt of notice that any required insurance coverage will be terminated or Seller’s decision to terminate any required insurance coverage for any reason. 8. Cancellation: Buyer may not cancel its order after Seller's acceptance unless all the details are approved in writing by the parties, including Buyer's agreement to pay a stated amount of termination charges. 9. Ownership of Materials: All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller in connection with Services provided, and all related intellectual property rights, shall remain Seller’s property. Buyer is not authorized to use information supplied by Seller for other purposes unless agreed to in writing by Seller, or unless otherwise required by Federal or State public notice laws . 10. Entire Agreement: Seller's Terms and Conditions of Sale constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings, oral and written, between the parties relating to the subject matter hereof. Seller’s Terms and Conditions of Sale shall be binding on the parties and their successors and permitted assigns. No change, addition to or waiver of any of the terms of Seller’s Terms and Conditions of Sale shall be binding as to the parties hereto unless approved in writing by the parties hereto or their authorized representatives. 11. Quotation: All quotations by Seller are subject to change or withdrawal without prior notice to Buyer, unless otherwise specifically stated in the quotation. Quotations are made subject to approval by Seller of Buyer's credit. All sales, contracts and orders become effective only if and when approved and accepted in writing by Seller by the issuance of the Seller Acknowledgment Form and shall be subject to these terms and conditions. DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26 Aftermarket Comprehensive Services Plan Pall Water Proposal No.: OPP1478425 Date: June 30, 2020 Pall Water Systems  839 NYS Route 13  Cortland, NY 13045  CSC: #866-475-0115 Page 10 of 9 12. Confidentiality: If Seller discloses or grants Buyer access to any research, development, technical, economic, or other business information or "know-how" of a confidential nature, whether reduced to writing or not, Buyer will not use or disclose any such information to any other person or company at any time, without Seller's prior written consent. 13. Force Majeure: Whenever performance by either party of any of its obligations hereunder, is substantially prevented by reason of any act of God, strike, lock-out, or other industrial or transportation disturbance, fire, lack of materials, law, regulation or ordinance, war or war conditions, or by reason of any other matter beyond its reasonable control, then such performance shall be excused, and deemed suspended during the continuation of such event and for a reasonable time thereafter, delayed, or adjusted accordingly. 14. Validity: If any provision of Seller’s Terms and Conditions of Sale is held invalid by any competent authority to be illegal or unenforceable in whole or any part, such provision shall be ineffective, but only to the extent of such invalidity or unenforceability, without invalidating the remainder of such provision, nor the other provisions, which shall not be affected. 15. Governing Law, Service of Process: Seller’s Terms and Conditions of Sale and the parties’ agreement for the sale of Services shall be governed by the laws of the State ofMontana. 16. Jurisdiction. Each party hereby waives all objections to the jurisdiction specified herein on the grounds of inconvenient forum or otherwise. A judgment, order or decision of those Montana courts in respect of any such claim or dispute shall be conclusive and may be recognized and enforced by any courts of any state, country or other jurisdiction. 17. Nondiscrimination and Equal Pay: Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexu al orientation, gender identity, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Acts of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Seller must report to Buyer any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 18. Survival: All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and ownership of materials provisions together with those Sections the survival of which is necessary for the interpretation or en forcement of these terms and conditions, shall continue in full force and effect for the duration stated in such provisions or the applicable statute of limitations. DocuSign Envelope ID: 7AD6B58C-00A4-4F3E-B133-8FF42FE29A26