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<br /> . Page 2 July 25, 1997
<br /> Attachment
<br /> L - The headquarters for Westfalia Separator, Inc. is located at 100 Fairway Court, Northvale, NJ.
<br /> 1.
<br /> Maintenance for your centrifuge will most likely be handled from either our Elgin, IL or Houston, TX
<br /> offices but the original service contract will reside here at headquarters.
<br /> 2. The terms and conditions that we use have a very specific paragraph relating to damages. If you
<br /> can, please substitute the following for your paragraph 1.C).
<br /> DAMAGES. NO1WITHSTANDING ANY OTHER PROVISION OF THE CONTRACT TO THE CONTRARY,
<br /> IN NO EVENT SHALL WESTFALIA ITS SUBCONTRACTORS OR SUBSUPPLIERS BE LIABLE IN
<br /> CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, FOR ANY SPECIAL,
<br /> PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER,
<br /> INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF PRODUCTIVE FACILITIES OR EQUIPMENT,
<br /> PLANT DOWNTIME, LOSS OF PRODUCT, CHEMICALS, CATALYSTS, FEEDSTOCK OR OTHER RAW
<br /> MATERIAL, LOSS OF REVENUES OR PROFITS OR LOSS UNDER PURCHA~ES OR CONTRACTS
<br /> MADE IN RELIANCE ON THE PERFORMANCE OR NON-PERFORMANCE OF THE PURCHASED
<br /> EQUIPMENT, WHETHER SUFFERED BY PURCHASER OR ANY THIRD PARTY, OR FOR ANY LOSS OR
<br /> DAMAGE ARISING OUT OF THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE PURCHASER, ITS
<br /> EMPLOYEES OR AGENTS OR ANY THIRD PARTY.
<br /> 3. It is understood that the agreement is govemed by the law of the State of Texas but the City must
<br /> provide
<br /> (a) in writing any state, local or municipal laws, rules, regulations, codes or standards which are
<br /> more strict than those imposed by the federal govemmental agencies and authorities;
<br /> (b) if any such federal, state, local or municipal laws, rules, regulations, codes or standards are
<br /> changed, or if new laws, regulations, codes or ~andards or interpretations thereof are enacted
<br /> or adopted subsequent to the date of the Contract, which require a change in WESTFALlA's
<br /> equipment or work, an equitable adjustment shall be made to the contract price, delivery
<br /> schedule and payment terms; and
<br /> (c) WESTFALIA does not guarantee any compliance with, nor will WESTFALIA incur any liability
<br /> for failure of the equipment or work to comply with, any federal, state or local pollution control,
<br /> effluent or utility control laws, rules, regulations, codes or standards; provided, however, that
<br /> WESTFALIA will comply in accordance with any specific equipment emission guarantees
<br /> which form part of the Contract.
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