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Elevated 1954 Water Tank .,. l , ,.. ,- ELECTRO RUST..PROOFING COR P 0 RAT ION (N. J.) BELLEVILLE 9, N. J. ....... .....~~~~!?~~.}.9.L....19.?(~..... PROPOSAL To .................... ..................... ............ ..........................g ~~Y.. .~r. .?~*~?:...................................... ....................................... .......................... ..................... ..................... ................. :?~?:~.:r::~............................................................................................... Kansa~. ............................................................................................. ............................................................. ............ (~';;~i~~~';;;' ~~ii~~' t'be Purcbaser) Electro Rust-Proofing Corporation (N. J.) (hereinafter called the Company) proposes to furnish maintenance and repair service for the Cathodic Protection Systems listed below subject to the following terms and conditions: A. PAYMENT: The total payment per year due hereunder (as conditioned below) is payable wirhin 30 days after the beginning of the period covered by this Proposal which is......Apr.il..3.O',...l95.5...... to.....A.p.:r.U...?9."..l9.5.~......and annually thereafter until terminated by either party in accordance with the provisions of F below. B. SYSTEMS COVERED: This Proposal applies to the following Cathodic Protection Systems (hereinafter called the Equipment) : System No. Location Tank Capacity Type Date System Installed TOTAL $203.00 7305 Salina 500,000 Elevated l/29/5l~ Purchaser please initial one column and delete the other column on both copies to indicate which plan is selected and upon selection the in- :>> :>. applicable paragraphs in (C) below shall be considered deleted therefrom. (Continue on reverse side if insufficient space here) C. CHOICE OF SERVICE PLAN: SERVICE PLAN A-This is a Complete Service - The Company agrees to: ( 1) Inspect the Equipment once during the period covered by this Proposal and once during each successive period. (2) Maintain the Equipment in operating condition by furnishing all labor and materials required to replace or repair all parts thereof worn or damaged so as to impair the operation of the Equipment except those parts damaged through war, fire, Act of God, negligence, tampering or other fault on the part of the Purchaser or other cause be- yond the control of the Company, and ( 3) Where ice conditions are encountered, replace after each ice season those parts which have been damaged by ice so as to impair their operation. SERVICE PLAN B - This is a Limited Service - The Company agrees to: ( 1) Inspect and adjust the Equipment once during the period covered by this Proposal and once during each succes- sive period. (2) When making the annual inspection, furnish and replace anode stock as required, and (3) If any other replacements and repairs are required, furnish labor and material at the Company's standard rates when authorized by Purchaser. D. GENERAL CONDITIONS UNDER ALL PLANS: In addition to the above stipulations, under any Service Plan covered by this Proposal the Company agrees to: ( 1) Make a written report to the Purchaser regarding the condition of the tank and the opetation of the Equipment after each inspection. (2) Furnish, upon request, evidence of Public Liability and Property Damage Insurance coverage to the limit of $100,000, and (3) Furnish Workmen's Compensation Coverage for its employees. Under any Service Plan covered by this Proposal, the Purchaser agrees to (1) report to the Company at the above address each three months, on forms which will be provided by the Company, describing the condition and operation of the Equip- ment (2) report promptly in writing to the Company at the above address in the event the Equipment or any part thereof discontinues to operate as specified by the Company (3) operate the Equipment in accordance with the Company's instruc- tions and exert due diligence in its maintenance and care (4) make minor repairs, such as, but not limited to, the re- placement of fuses, and (5) provide access to the Equipment for the Company's maintenance crew or other personnel promptly following notice by the ompany of intent to inspect the Equipment. This Proposal is subj ~Q e t s and conditions on the reverse hereof which are hereby made a part of this Proposal. Proposal made by t Purchaser please sign in duplicate below. One copy will be returned. .... ..... .... .. ..................... ales resentatlve I $203.00 \j </:)72-1 ELECTRO RUST-PROOFING CORPORATION (N. J.) Accepted......./(.../\..l:....................... 19.5.J... AP~r~~~~a~?o:e~~~ ;~ :;e~We~ll~~-~~j~ng .........(L0~.....~~.!'-.~.<..IaI.{f./l;:(!:!.X{L/II.!.~!: !J{II ........~~~.~~::!...?g..?'-\.............19..??...... . 7rcbaser / " B l':l () ,/ J. J! ../ By .......,J;,~./.~;f..l..:...~.!d........k;./;:.L..~U;..:.............. y ......:.:!...:...J,... ..'iA.:t:;~.~~........ ............ ................ Autborized Ollicial o Authorized Ollicial ...........:f. ~...~.~.. .~.~~Y!~.. .::.. q~~( .~.~~~................. .................. .4~..< /):1 (.?~ .~f.<; .<J~. k'. .l.ll./.~.. (,: .(...~ L/ (. Title Title / I PLEASE READ THE OTHER SIDE OF THIS PROPOSAL BEFORE SIGNING. CUSTOMER COpy oad: FORM 139A 3~S4 3M PRINTED IN U.S.A. E. GUARANTEE: The Company guarantees for a period of one year after shipment that the materials of its manufacture, furnished under this Proposal, are free from defects in workmanship and materials and that the workmanship of the proposed service shall meet the Company's standards of quality, but its liability is limited to the replacement f.o.b. Belleville, N. J., of such defective parts and f.a.b. job of such defective workmanship. The Company shall nat be liable for consequential damages or any direct damages other than as expressly stated herein. F. CANCELLATION: The service proposed hereunder and the payment stated shall be continued from year to' year unless terminated by either party by notice in writing to the other party afintention to terminate 90 days prior to anyanniversary date af the beginning of the period coveted by this Proposal. G. FORCE MAJEURE: Performance under this Propasal is subject to delay or can- cella~ion caused by war, accidents, strikes, inability to secure labor and raw material, fiTes,. embargoes, car shortages, delays in transportatian, governmental restraints. of any kind and all other causes whether of the same or af a diffeI'ient class, affecting the production or delivery of the whole or any constituent part thereof. Further, regardless of the Plan selected by the Purchaser, the Company shall not be liable for failure to give service beyond the Annual Inspectian referred to above unless duly notified by the Purchaser in writing at the above address that such service is required. If, due to conditions beyond the Campany's cantrol, such as, but not limited to', local or state laws and the requirements of labar unions, the Company is denied the free selection af its labor to' render the praposed service, the Purchaser shall either furnish the necessary labor to' work under the direction of the Company's main- tenanc'C crew or the cost af such labor furnished by the Company shall be borne by the Purchaser. H. ACCEPTANCE: This Proposal is subject to acceptance by the Purchaser within 30 days (and thereafter at the Company's option) and when so accepted and there- after approved by the Company shall constitute a cantract between the parties made at Belleville, N. J., and shall be binding upon the heirs, executors, successors, assigns and representatives of bath parties. I. CONTRACT: It is expressly understood by both parties that upon acceptance by the Purchaser and approval by the Company this Contract supersedes all previous contracts between the parties covering the same or similar service for the $ame Equipment at the same location and includes all (and that there are no other ar different) warranties, express or implied, representations, promises, agreements or statements in connection with such service.