HomeMy WebLinkAbout13-14506 CITY OF ZEPHYRHILLS
, • 5335-8th Street
(813)780-0020 1450�'
ELECTRICAL PERMIT �
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Permit#:14506 Issued: 9/11/2013 Address: 4330 2QTH ST
Permit Type: ELECTRICAL MISC ZEPHYRHILLS, FL.
Class of Work: ELECTRICAL MISC Township: Range:
Proposed Use: COMMERCIAL Lot(s): Block: Section:
Sq. Feet: Est. Value: Book: Page:
Cost: 40,913.04 Total Fees: 360.00 Subdivision: CITY OF ZEPHYRHILLS
Amount Paid: 360.00 Date Paid: 9/11/2013 Parcel Number: 13-26-21-0070-07400-0000
Name: CONTR L DESIGN ELECTRICAL CONTR; Name: ZEPHYRHILLS CORP.
Addr: PO BOX 90069 Address: 777 W. PUTNAM AVE
LAKELAND, FL 33804-0069 GREENWICH, CT 068305091
Phone: (863)687-4246 Lic: Phone:
Work Desc: INSTALL SECURITY PANEL & DEVICES
ELECTRICAL FEE 360.00
ROUGH ELECTRIC
CONSTRUCTION POLE
PRE-METER
FINAL - r
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REINSPECTION FEES: Reinspection fees will comply with Florida Statu 553.80(2)(c)when extra inspection
trips are necessary due to any one of the following reasons: a)wrong address b)condemned work resulting
from faulty construction c) repairs or corrections not made when inspection called d)work not ready for
inspection when called e) permit not posted on job site� plans not at 'ob site
� g)work not accessible.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may be additional permits required from other governmental
entities such as water management, state agencies or federal agencies.
"Warning to owner: Your failure to record a notice of commencement may result in your paying twice for
improvements to your property. If you intend to obtain financing,consult with your lender or an attorney
before recording your notice of commencement."
Complete Plans, Specifications and Fee Must Accompany Application. All work shall be performed in accordance with City
Codes and Ordinances.
.
ONTRACTOR PER OF I
PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTIO
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
Nest1E� �/1r`�3tf;�5 fJo�tf� Ariif=iic;a Ir�c. ,,,
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NORfH AMERICA
September 3, 2013
pKxcnvn}qi�
City of Zephyrhills
�q�� 5335,8`h Street
Zephyrhilis, FL 33542
CALISTOGA Re: Zephyrhills Security Project
Nestle Waters North America,Zephyrhills Botflinq P/ant
4330 20`h Street Zephyrhills, FL 33540
MOU�NTJUN
Dear Sir or Madam:
Ul.�►�t This letter serves as notification that Nestle Waters North America has contracted
the service of Control Design Electrical Contractors to upgrade the Security System at
po�.Ra
our Bottling Plant located in Zephyrhills, Florida. The work includes installation of
Spri� motion sensors, indicator lights, card readers,gate actuators, mag-locks, security
PLC, cameras,conduit and trenching for associated equipment.
Zephr�hills Please contact the undersigned at (972)462-3842 if you have any questions or
require additional information.
U�°;i,,,i, Sincerely,
�` � �.
�errier �
Nestle Waters North America,
Brent D. Clay
Senior Project Manager
'+". ,
Cc: Brian Bailey–TITAN
S.PE�LEGRINO MOnty WIIIiemS-CDEC
:��'""r�;: PEPS!BAKER
''� •'' MY COMMISSION EXPIRES
, '":f,p�;*�' May 7.2►)17
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NOTICEOFCOMMENCEMENT 09/I1/13 E. Mungula, Dpty Clerk
Permit No __
Properry Ideniification No. �� Z 4 �f �Q��O� �/6�t) Q 00�
THE LJNDERSIGNED hereby gives notice that improvements will be made to certain real properry,and in accordance w�th Section
713 13 of the Florida Statutes,the following information is provided in the NOTiCE OF COMMENCEMEN't
1 Description of property(leg a!description:)
a) Street Address: 4330 20th Street Zep y � s,
2. General description of improvements ns a ecuri ane, ecun evises an o
3 Owner lnformation
a) Name and address: Nestle Waters NA 1322 Crestside Drive, Ste.100 Coppell, TX. 75019
b) Name and address of fee simple tideholder(if other than owner)
c) Interest in property
R 4. Contractor Information
a) Name and address: Control Design Electrical Contractors 1027 Kathleen Rd Lakeland FL 33805
�) Telephone No.: (863)687-4246 Fax No (Opt.)
Surety Information
a) Name and address:
b) Amonnt of Bond:
�e) Telephone'No.: Fax No.(Opt.)
Lendor
a) Name and address:
7 Identiry of person withiq th State f Florida desi ted by owner upon whom notices or other doc r�ents-msay,be�� ; �,1,
a) Name and addross: Z° 'y � L�l3 � Za� f � ,��
b) Telephone No.. -'rZ Z - O- / Fax No.(Qpt.)
8 In addition to himself,owner designates the following person to receive a copy of the Lienor's Notice as provided m Section
713.13(]){b),Florida Statut •
a) Name and address: i'� �lc, �3 z �'(��• � / —
b) Telephone No.: 2^ _ �S t �/�� ,L O/�� /�"
_ r.._Nn. ((lnt 1 �
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9. Expiration date of Notice of Commencement(the expiration date is one year from the date of recording unless a different date is
specified):
WARNING TO OWNER:ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF
COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713,PART 1,SECTION 713.13,
FLORIllA STATUTES AND CAN RESULT IN YOUR PAYING TWICE FOR IPROVEMENTS TO YOUR PROPERTY.A
NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTfON.IF YOU INTEND TO OBTAIN FINANCING,CONSULT YOUR LENDER OR AN ATTORNEY BEFORE
COMMENCING WORK OR RECORDING YOU NOTICE OF COMMENCE NT.
STA7'E OF FLdAIDA
COUIYTY OF PASCO
SignaWrc O�.(?wner or C)wner's Authoriz`ed Offic ctodPermcr/Menaga
i J/'-�° �`��
Pnnt Name
The foregoing instrwncnt was acknowiedged befure me this � day of `�/ 20�,by �
� (type of authority,e.g.officer,trustee,attorney in fact)for
(name of party on bcl�alf of whom instrument was executcd).
Personally Known�OR Produc.�d(dentification_ Notary Signature%t�� �Gl../W�.
Type of Identification Produced Name(print)
Verification pursuant to Section 92.525,Florida Statutes.Underpenalties ofperjury,1 declare that 1 have read the foregoing und that the facts stated
in it are true to the bes�of my knowledge and belief.
Fonyvnoc.rv.azoo� �
Sig�unee o(Natunl Person Si�int Alwe - -
,��"��:t PEPSI BAKER
;''s '' MY COMMISSION EXPIRES
�,;���'�'�,fir` �8y���17 PqULA 5 0'NEIL,Ph D Pfi5C0 CLERK 6 COMPTROLLER
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a��-�ao-oo2o City of Zephyrhi [nit Application 1 Fax-813-780-0021
� i ding Department' O� �� //'+�//�
,/['1 nl
Date Received '��� " ( hpne ConWct for Permitd ) S - �j ss7
Owner's Name l� t� `��'� �[� � 7'�Z /I/ L—36��
Owner Phone Number •��p
Owner'sAddress � LZ �{�'e / -Q �l'�• O eJI TiY. p�y�arPhoneNumber
Fee Simple Titleholde�Name Owner Phone Number
Fee Simple Tltleholder Addresa
rosnooRess y33z� �Lo-� Sy" Zt ✓ �� � 3js yZ-- �oT# �
SUBDIVISION PARCEL ID/
(OBTMIED FROM PROPERTY TAX NOTICE)
WORK PROPOSED B NeW CONSTR B ADDlALT � SIGN Q Q DEMOLISH
INSTALL REPAIR
PROPO6ED USE � SFR Q COMM O OTHER
TYPE OF CONSTRUC710N Q BLOCK Q FRAME � STEEL � J
DESCRIPTION OF WORK S�1� Se�N r/ p1.� ����,� //1�0"
"I
BUILDING SIZE SQ FOOTAGE� NEIGHT �
�BUILDING $
VALUATION OF TOTAL CONSTRUCTION
�ELECTRICAL $) � '�'O� AMp SERVICE Q PROGRESS ENERGY � W.R.E.C. �°,>
��
QPLUMBING $ ���,�L(� � S���v� .S�"��-
M � Itl�r'�/ .
Q ECHANICAL $ VALUATION OF MECHANICAL INSTALLATION
QGAS Q ROOFING Q SPECIALTY Q OTHER
FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA QYES NO
BUILDER COMPANY
SIGNATURE REGISTERED Y/ N FEE CURREh Y/N
Addreas tk!^�� License#
ELECTRICIAN � D - /,_ COMP/WY "'•� 'eS! /1 E/C �A CQy
SIGNATURE r'""�'� T REGISTERED Y/ N EE CURREl. Y/N
Addresa �z-7 /��l1 'f{1 t Q 'J�a" License# G�ODQ� �Z
PLUMBHR COMPANY
SIGNATURE REGISTERED Y/ N FEE CURRE� Y!N
Address License#
MECHANICAL COMPANY
SIGNATURE REGISTERED Y/ N FEE CURREA Y/N
Add►ess
License#
OTHER COMPANY
SIGNATURE REGISTERED Y/ N FEE CURREh Y/N
Addross
license#
IIIII11111111111111111111111111111111111111111111111111111111111111
RESIDENTIAL Attach(2)Pbt Plans;(2)sets of Building Plans;(1)set of Energy Fortns;R-O-W Pertnit for new construction,
Minimum ten(10)worlcing days afler submittal date. Required onsite,Construction Plans,Stormwater Plans w/Silt Fence installed,
Sanitary Facilities 8 7 dumpster;Site Work Permit for subdivisions/large projects
COMMERCIAL Attach(3)complete sets of Building Plans plus a Life Safety Page;(1)set of Energy Forms.R-O-W Permit for new construction.
Minimum ten(10)working days after submittal date. Required onsite,Conshuction Plans,Stortnwater Plans w/Silt Fence installed,
Sanitary Facitities&1 dumpster.Site Work Permit for all new projects.All commercial requirements must meet compliance
SIGN PERMIT Attach(2)sets oi Engineered plans.
""PROPERTY SURVEY required for all NEW construction.
Direetions:
Fill out application completely.
Owner 8 Contractor sign back of application,notarized
H ovsr 52500,a Notica of Commencement is rsquired. (A/C upgradea over 57500)
" AgeM(for the contractor)or Power of Attomey(for the owner)would be someone with notarized letter from owner authorizing same
OVER THE COUNTER PERMITTING (Front of Application Only)
Reroofs if shingles Sewers Service Upgrades A/C Fences(PIoUSurvey/Footage)
Drivaways-Not over Counter if on public roadways..needs ROW
NOTICE OF DEED RESTRICTIONS: The undersigned understands that this permit may be subject to"deed"restrictions"
which may be more restrictive than County regulaGons. The undersigned assumes responsibility for compliance with any
applicable deed restrictions.
UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES: If the owner has hired a contractor or
contractors to undertake work,they may be required to be licensed in accordance with state and local regulations. If the
contractor is not licensed as required by law, both the owner and contractor may be cited for a misdemeanor violation
under state law If the owner or intended contractor are uncertain as to what licensing requirements may apply for the
intended work,they are advised to contact the Pasco County Building Inspection Division—Licensing Section at 727-847-
8009. Furthermore, if the owner has hired a contractor or contractors, he is advised to have the contractor(s) sign
portions of the"contractor Block"of this application for which they will be responsible. If you,as the owner sign as the
contractor,that may be an indication that he is not properly licensed and is not entitled to permitting privileges in Pasco
County
TRANSPORTATION IMPACTNTILITIES IMPACT AND RESOURCE RECOVERY FEES: The undersigned understands
that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings,change of
use in existing buildings,or expansion of existing buildings,as spec�ed in Pasco County Ordinance number 89-07 and
90-07, as amended. The undersigned also understands,that such fees,as may be due,will be identified at the time of
peRnitting. It is further understood that Transportation Impact Fees and Resource Recovery Fees must be paid prior to
receiving a"certificate of occupancy"or final power release. If the project dces not involve a cert�cate of occupancy or
final power release,the fees must be paid prior to permit issuance. Furthertnore, if Pasco County Water/Sewer Impact
fees are due,they must be paid prior to permit issuance in accordance with applicable Pasco County ordinances.
CONSTRUCTION LIEN LAW(Chapter 713,Florida Statutes,as amended): If valuation of work is$2,500.00 or more,I
certify that I, the applicant, have been provided with a copy of the "Florida Construction Lien Law—Homeowner's
Protection Guide"prepared by the Florida Department of Agriculture and Consumer Affairs. If the applicant is someone
other than the"owner",I certify that I have obtained a copy of the above described document and promise in good faith to
deliver it to the"owner"prior to commencement.
CONTRACTOR'S/OWNER'S AFFIDAVIT I certiiy that all the information in this application is accurate and that all work
will be done in compliance with all applicable laws regula6ng consUuction,zoning and land development. Application is
hereby made to obtain a permit to do work and installation as indicated. 1 certify that no work or installation has
commenced prior to issuance of a permit and that all work will be pertormed to meet standards of all laws regulating
construction, County and City codes, zoning regulations, and land development regulations in the jurisdiction. I also
certify that I understand that the regulations of other govemment agencies may apply to the intended work,and that it is
my responsibility to identify what actions I must take to be in compliance. Such agencies inGude but are not limited to:
- Department of Environmental Protection-Cypress Bayheads, WeUand Areas and Environmentally Sensitive
Lands,Water/Wastewater Treatment.
- Southwest Florida Water Management District-Wells, Cypress Bayheads, WeUand Areas, Altering
Watercourses.
- Army Corps of Engineers-Seawalls,Docks,Navigable Waterways.
- Department of Health 8 Rehabilitative Services/Environmental Health Unit-Wells, Wastewater Treatment,
Septic Tanks.
- US Environmental Protection Agency-Asbestos abatement.
Federal Aviation Authority-Runways.
I understand that the following restrictions apply to the use of fill:
- Use of fill is not allowed in Flood Zone"V"unless expressly permitted.
- If the fill material is to be used in Flood Zone "A", it is understood that a drainage plan addressing a
"compensating volume"will be submitted at time of permitting which is prepared by a professional engineer
licensed by the State of Florida.
- If the fill material is to be used in Flood Zone "A" in connection with a permitted building using stem wall
construction,I certify that fill will be used only to fill the area within the stem wall.
- If fill material is to be used in any area, I certify that use of such flll will not adversely affect adjacent
properties. If use of fill is found to adversely affect adjacent properties,the owner may be cited for violating
the conditions of the building permit issued under the attached permit application,for lots less than one(1)
acre which are elevated by fill,an engineered drainage plan is required.
If I am the AGENT FOR THE OWNER,I promise in good faith to infortn the owner of the permitting conditions set forth in
this affidavit prior to commencing construction. I understand that a separate permit may be required for electrical work,
plumbing, signs, wells, pools, air conditioning, gas, or other installations not specifically included in the application. A
permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter,or
set aside any provisions of the technical codes,nor shall issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans,construction or violations of any codes. Every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months of permit issuance,or if work authorized by
the permit is suspended or abandoned for a period of six(6)months after the time the work is commenced. An extension
may be requested, in writing,from the Building Official for a period not to exceed ninety(90)days and will demonstrate
justifiable cause for the extension. If work ceases for ninety(90)consecutive days,the job is considered abandoned.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT
FLOf21DA JURAT(F S 117.03) � �
OWNER OR AGENT CONTRACTOR
Subscribed and swom to(or aifirmed)before me this scri d swom to or rtned) fore
by bY
Who is/are personally known to me or haslhave produced o is/ re personally known to me or haslhave produ d
as identification. � as identification.
Notary Public .,�1� �� 11 fj No ary Public
Commission No. Commission No.
����M����
Name of Notary typed,pnnted or stamped Name of Notary ryped,p , r
MY COMMISSION N EE i82965
� ,��?,= EXPIRES'July 26 2016
'T�'p,'F�i�c°,� Bonded Thru Notary Pudic UMerwrtlers
...�.':......
af
City of Zephyrhills
BUILDING PLAN REVIEW COMMENTS
`' • � � ��
Contractor/F�e� d
Date Received: � —�p — l�
Site: ,y��� .— -�,����' �� �
a
� �.
Permit Type: � ��-
Approved w/no comments: Approved w/the below comments: ❑ Denied w/the below comments: ❑
This comment sheet shall be kept with the permit and/or plans.
� ,.,
� z (
� J
Kal n Swi —Plans Examiner ate Contractor andJor Homeowner
(Required when comments are present)
Lic.No.EC-0002762
C � � E C CONTROL DESIGN
� ELECTRICAL CONTRACTORS INC.
P.O.Box 90069;Lakeland,FL 33804-0069 Tel:863-687-4246
/ndustr�ia/E/ectr•ica/6 Contro/s Specia/ists 1027 Kathleen Road� Lakeland,FL 33805 • Fax:853-687-4249
Mr. Brian Baiiey August 14, 2013
Titan Engineering
2801 Network Blvd., Suite#200
Frisco,TX. 75034 REF:Job 13-9411
SUBJECT: ZEPHYRHILLS BOTTL,ING/WqTER SECUFiITY
Dear Mr. Bailey:
In response to your request, we are pleased to submit this quotation for the following items:
1) This proposal assumes that the MOT's come with a cover to mount to a single gang box.
2) Furnish and install (13) OD850 Series Outdoor TriTech Detectors.
3) Furnish and install (9)Angle Brackets to mount Detectors on.
4) Furnish and install (1) Pedestal Mount for the New Card Reader at the East Gate.
5) Furnish and install a complete conduit and wire system for all equipment.
6) Accept Security Panel and install HMI Unit it door and wire to terminals.
NOTE:
Due to the volatile copper/aluminum/steel market prices,the material costs contained in this proposal are based on
today's market pricing and are subject to change depending on the date of acceptance and review of this proposal.
Sub Total:$38,550.00
Tax: 52,363.04
Total: $40,913.04
Payment is due upon receipt of invoice. Progressive billing draws are required for projects exceeding Ten
Thousand Dollars.
All material is guaranteed to be as specified. All work shall be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be executed
only upon written orders and will become an extra charge over and above the estimate. All agreements are
contingent upon strikes, accidents and/or delays beyond our control.This proposal is valid for 30 days.
Thank you for the opportunity to provide this proposal. Please feel free to contact us for questions or further
information.
Sincerely,
�J�,�.ry 711:�,�„4
Monty Williams
Estimator/ Project Manager
NONTH AMERICA
Page 1/4
Purchase order : 4544554086 Date: 08/20/2013 Printed: 08/21/2013
Vendor Number: 100799208 Terms of Deliv.:
Control Design Electrical Currency: USD United States Dollar
Contractors Inc Delivery Date: DEC 31 2013
1027 Kathleen Rd
Lakeland,FL 33805-3529
United States
Tel: 863 6874246 Fax:863 6874249 Our Reference:
e-maiL•cdecdv@aol.com Purc6asing Contact:
NW Engin Springs
Your reference: Cora Miller Tel:972-462-3664
For the attentfon of:Monty Williams Faac:972-462-3766
CORA.MILLER@ WATERS.NESTLE.COM
Deliver To: Invoice To:
US PL NW Zephyrhills Factory Nestle Waters NA
US PL NW Zephyrhills Factory Attn: Cora Miller
4330 20th St 1322 Crestside Dr,Ste]00
PASCO Coppell,Tx 75019
Zephyrhills,FL 33542-6703 Of�ice(972)462-3664
United States Fa�c(972)462-3766
Email: cora.miller@waters.nestle.com
The Nestle Supplier Code:
The Nestle Supplier Code establishes non negotiable minimum standards that we expect our suppliers to adhere to. The Code
can be viewed on w.MU„PCrIP��,,,/�� liPrc,
By acceptance of this purchase order the Supplier commits to the requuements stipulated in the Code.In case of non-compliance
with or rejection of a requirement,the Supplier is obliged to notify the Nestle buyer.
INCLUDE NESTLE CONTRACT AND PURCHASE ORDER NUMBERS ON ALL INVOICES,SHIPPING PAPERWORK AND CORRESPONDENCE.
ALL INVOICES WITHOUT A PURCHASE ORDER NUMBER WILL BE RETURNED "TOTAL NET ITEM VALUE"BELOW EXCLUDES SALES
TAX.VENDOR'S INVOICE SHOULD INCLUDE SALES TAX WHEN APPLICABLE.
Terms of Payment:
Due within 30 days of invoice date
Project: IWF23-12/1558-01 Zeph WR Security
Quote: 13-9411
Item Material No. Vendor Mat.No. Description
Quantity Unit Delivery Date&Time Price/L1nit Net Value
10 100898530 **Zeph WR Security Install
40,913.04
2nd Mineral Skid Semi-Auto Project
This order is subject to all printed and written
terms and conditions appearing in this document
NOPTM AMENICA
PO No/So PO/Date:4544554086/08/20/2013 Page 2/4
Item Material No. Vendor Mat.No. Description
Quantity Unit Delivery Date&Time Price/UnitNet Value
Electrical Install of 2nd Mineral Skid
-Lump Sum Price of$8009.98
(please see attached Quote for details)
Total net item value 40,913.04
Total including tax 40,913.04
PO approved by
Brent Clay 08✓21/2013 14:26:39 CET
Todd Satz 08/21/2013 18:51:19CET
NORTH AMERICA
PO No/So PO/Date:4544554086/08/20/2013 Page 3/4
Purchase Order Terms & Conditions
EQUIPMENT,MACHINERY,APPARATUS AND/OR MATERIALS
1.Seller shall deliver the items of equipment,machinery,apparatus and/or materials described on the face of this Purchase Order(hereinafter"Equipment"),and
shall provide any i�stallation or related services specified on the face hereof,all at the price(s)and within the time periods stated and in accordance with the
terms and conditians of the Agreement(as defined below).
2.The agreement("Agreement")betwee�the Nestl�entity identified on the face of this Purchase Order("Buyer")and Seller is comprised of these Terms and
Conditions of Purchase of Equipment,Machinery,Appazatus and/or Materials("Terms and Conditions of Purchase"),the terms and conditions appearing on the
face of this Purchase Order,Buyer's Equipment Specification referenced on the face of this Purchase Order("Buyer's Specification")and any other
supplemental documents referenced on the face of this Purchase Order,Buyer's Specification,and these Terms and Conditions of Purchase.Seller accepts and
will be bound by the terms of the Agreement when it commences performance hereunder or accepts any payment from Buyer on this order. This orderthe
Agreement. The Agreement expressly limits acceptance to the terms stated herein,and any additional or different tertns proposed by Seller are rejected unless
expressly assented to in writing by Buyer. Any reference to Seller's Quotation or Proposal on the face hereofshall not be deemed to incorporate any pre-printed
form"provisions contained in Seller's Quotation or Proposal,or any other provisions contained in Seller's Quotation or Proposal which are inconsistent or in
conflict with any provision set forth in this Terms and Conditions of Purchase or any Buyer's Specification,which pre-printed,inconsistent or conflicting
provisions of Seller's Quotation or Proposal are hereby excluded. and not deemed a part of the Agreement. In the event of a conflict or inconsistency between
the Buyer's Specification and these Temis and Conditions of Purchase,these Terms and Conditions of Purchase shall control.
3.7'he prices set forth or referenced on the face of this Purchase Order shall include all chazges for production,packing and loading,and any other chazges set
forth on the face hereo£ Buyer may withhold payment to offset amounts to which it is endtled under the Agreement.
4.Seller expressly warrants that the Equipment will conform to the specifications,performance standards and description set forth in the Agreement;will be free
from defects in design,materials and workmanship;and will be of the qualiry specified.If the Fquipment fails to comply with the warranties contained in this
paragraph during the first twelve(12)months after successful completion of"Final Acceptance Testing"(as that term is defined below),or for such longer
period as may be specified in the Agreement.Seller shall,at its expense and prompNy after its receipt of notice from Buyer of such non-conformiry, exercise its
best efforts to remedy suc6 non-conformity If Seller fails to remedy such nonconformiry within a reasonable period of time under all the circumstances(but not,
in any event,more than thirty(30)days)after being notified by Buyer of such non-conformity,Buyer shall have the right(but not the obligation)to itself attempt
to remedy such non-conformity,or engage a third party to remedy such non-conformity,in which event Seller shall promptly reimburse Buyer for all costs
incursed by Buyer in attempting to correct such defect.If,despite the efforts of Seller(or,as referenced above,Buyer),to remedy the nonconformity,the
nonconformity cannot be fully corrected,Buyer may,in addition to any other remedies available to it,keep the Equipment and receive from Seller an equitable
adjustment to the purchase price.The warranry period referenced in this paragraph shall be extended,on a day for day basis,by the period of time during which
the Equipment is non-conforming or is othenvise not perfortning in accordance with this warranty,notwithstanding that either Seller or Buyer is attempting to
remedy such non-confomuty during such period. For purposes of the Agreement,Buyer shall not be deemed to have accepted the Equipment until the
Equipment has successfully completed Final Acceptance Testing. Acceptance of or payment for the Equipment shall not be deemed to waive any warranties
contained herein.
5.In addition to any other warranties provided to Buyer in the Agreement,Seller represents and warrants that(i)the Equipment will comply with all applicable
federal,state or locallaws and regulations or safery guidelines,(ii)the Equipment,or Buyer's use thereof,will not infringe upon any right of patent,copyright,
trademark,trade secret or other proprietary right of any third party,and(iii)in the performance of its obligations hereunder,it shall comply with all applicable
non-discrimination/affirmative actio�obligations set forth in Public Law 95-507,and in the Equal Opportunity Clauses contained in Section 202 of Executive
Order 11246,as amended by Executive Order 11375,and in the implementing regulations contained in 41 CFR 60-1 4(a)(Equal Employment Opportunity),41
CFR 60-741.5(a)(Disabled Workers),and 41 CFR 60-250.5(a)(Disabled and Covered Veterans);as well as the employee notice found at 29 CFR Part 471,
Appendix A to Subpart A,all of which aze incorporated herein by reference.
6.If required pursuant to Buyer's Specification,Buyer and Seller shall,by the date set forth in Buyer's Specification,conduct a pre-shipment factory acceptance
test("FAT")at Seller's production faciliry(unless an alternate location is specified in Buyer's Specification). Such FAT shall be conducted in accordance with
the protceol set forth in Buyer's Specification. If,during or as a result of such FAT,the Equipment is unable to meet the performance requirements set forth in
Buyer's Specification,Seller shall,at its sole expense and prior to shipment of the Equipment,promptly make any modifications and,coaections to the
Equipment necessary to enabie the Equipment to successfully pass the FAT If Seller fails or is unable to correct the Equipment so that it is able to successfully
pass FAT by the shipment date specified in the Agreement,Buyer may,in addition to any other remedies available to it,cancel the Agreement and receive a
refund of all amounts paid to Seller as of the date of cancellation.
7 Time is of the essence in the Agreement.
8.The Agreement may only be modified,supplemented or amended,or any of its tem�s waived by mutual agreement of the parties in writing.The parties
acknowledge and agree that there are no collateral oral agreements between them with respect to the subject matter of the Agreement.
9 Buyer shall have the right to temiinate the Agreement by providing written notice of termination to Seller,in the event Seller breaches any term or condition
herein and fails to cure such breach within fifteen(15)days of its receipt from Buyer of notice of such breach.
]0 Buyer,its agents and conhactors,shall have the irrevocable,unrestricted right to use,in connection with Buyer's use,operation,maintenance,repair or
modification of the Equipment,all specifications,drawings,work-in-progress or other materials made available to Buyer by Seller in connection with the
Agreement.
ll If Seller,as part of the Agreement,is responsible for installing the Equipment at Buyer's faciliry,then(unless the parties enter into a separate agreement
covering Seller's installation of the Equipment Seller shall comply with the"Supplemental Terms and Conditions for Installation of Fquipment,"which are
incorporated into and made part of the Agreement.
12.Seller shall indemnify,defend and hold Buyer harmless from and against any and all claims,demands,losses,liabilities and expenses(including reasonable
attorneys fees)arising from or in connection with any negligent act or omission of Seller,its employees,representatives or agents or Seller's breach of any
representation,warranry,obligation or covenant made or assumed by Seller in the Agreement.
]3 Seller shall maintain Commercial General Liability insurance("CGL"),including Products&Completed Operations Liability,Broad Form Property
Damage,Operating Liability,and Contractual liability,with a limit of not less than$S,OOQ000 per occurrence.If Seller,as pan of the Agreement,is responsible
for designing and/or engineering the Equipment,Seller will additionally procure and maintain a policy of professional liability or"errors and omissions"
insurance with limits of not less than$1,000,000,to protect itself from claims arising out of the performance of the Agreeme�t and caused by any error,omission
or negligent act for which Seller is legally liable. Such insurance will be with a company(ies)acceptable to Buyer,shall,with respect to the CGL policy,name
Buyer as an additional insured and shall provide that a 30 day prior written notice ofcancellation or material change in the policy will be given to Buyer. With
respect to Sel ler's negligence,this coverage shall be primary and non-contributory with any insurance coverage Buyer may have. Seller shall provide to Buye�a
certificate evidencing the above required coverages promptly upon Buyers request.
14 Any assignment,subcontracting or delegation by Seller of any obligation or responsibiliry of Seller set forth in the Agreement,in whole or in part,without
Buyer's prior written consent,shall be null and void.
15 Seller shall not advertise or publish the fact that Buyer has contracted to purchase the Equipment from Seller and shall not disclose to any third party or use
for any purpose other than in connection with the performance of its obligations hereunder any confidential or proprietary information of Buyer,including
information regazding Buyer's operations,business,sales,orproducts.
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PO No/So PO/Date:4544554086/08/20/2013 Page 4/4
acceptance testing at Buyer's facility("Final Acceptance Testing"). Buyer shall not be deemed to have accepted the Equipment,a�d the final payment shall not
be due and owing to Seller,unless and until the Equipment successfully completes Final Acceptance Testing.Final Acceptance Testing will begin after delivery
of the Fquipment to Buyer's facility,on a date determined by Buyer,provided however that if Buyer,unrelated to any delays caused by Seller,fails to
commence or delays the commencement of Final Acceptance Testing for a period in excess of ninety(90)days after delivery of the Equipment to Buyer's
facility,Buyer will release to Seller fifty percent(50/o)of the milestone payment otherwise due to Seller upon successful completion of Final Acceptance
Testing. If,as a result of any Equipment non-confonnity or defect,Final Acceptance Testing is unable to be commenced by the date scheduled therefore,Seller
shall,at no expense to Buyer,make all corrections or modifications to the Equipment necessary to allow the prceess of Final Acceptance Testing to commence.
If,once Final Acceptance Testing is commenced,the Fquipment fails to successfully pass Final Acceptance Testing,Seller shall,at no expense to Buyer,make
all necessary and appropriate corrections,adjustments or modifications to the Fquipment in order to bring it into compliance so that the Equipment is able to
successfully pass Final Acceptance Testing. If,as a result of any uncorrected Equipment non-conformiry or defect,Final Acceptance Testing cannot begin
within thirty(30)days of the date scheduled therefore,or,once begun,cannot successfully pass Final Acceptance Testing within thirty(30)days after the date
Final Acceptance Testing begins, Buyer,in addition to any other remedies available to it,shall have the right to(i)itself attempt to remedy such
non-conformity(ies),or engage a third party to remedy such non-conformity,in which event Seller shall promptly reimburse Buyer for all costs incurred by
Buyer in attempting to cottect such defect;(ii)keep the Equipment and receive from Seller an equitable adjustment to the purchase price,as reasonably
determined by Buyer,or(iii)terminate the Agreement,return the Equipment to Seller,at Seller's expense,and receive a refund of all sums paid by it to Seller
under the Agreement.
17 Notwithstanding anything contained herein to the contrary, risk of loss or damage to the Equipment shall remain with Seller and shall not transfer to Buyer
until delivery of the Equipment to the delivery location specified by Buyer.
18.Seller shall,upon request by Buyer,fumish to Buyer copies of the latest available audited financial statemenu for Seller.If audited financial statements aze
not available,Seller shall furnish to Buyer its ta�c retums for the prior two(2)yeazs. Unless available to the public,Buyer shall not disclose to any third party
such financial statements or tax retums unless their disclosure is required by law
19 The terms of the Agreement shall be govemed by and interpreted in accordance with the laws of the State of Delaware.
20.In the event of any litigation regazding the rights and obligations under the Agreement,the prevailing party shall be entitled to reasonable attorneys' fees and
court costs.
21 Any te�m or provision of the Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validiry or enforceability of
the remaining teans and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
22.Any failure by either party to enforce a provision of the Agreement dces not waive that party's righu to enforce that provision on another occasion,unless
the waiving party waives its rights for another occasion in a writing signed by the waiving party,
23 Seller shall comply with all applicable export control,import,customs and economic sanctions laws and regulations of the United States and other
governments(collectively,"Trade Control Laws")in the performance of the Agreement and in the import,export,re-export,shipment,transfer and use of the
Equipment(or any components thereo�.Trade Control Laws include,but are not limited to,the U.S.Export Administration Regulations,The Customs
Modernization Act of 1993,Foreign Trade Regulations and the economic sanctions rules and regulations implemented under statutory authority and/or
PresidenP s Executive Orders and administered by the U.S.Treasury Deparcment's Office of Foreign Assets Control and any export or import requirements
imposed by the U.S.Food and Drug Administration. Seller specifically agrees that it will not export,re-export,import or otherwise transfer,direcdy or
indirecNy through any third paRies or otherwise,the Equipment(or any components thereo�or any related technical data to or from,or originating in,or for use
within,Cuba,Iran,Myacunaz(Burma),North Korea,Sudan or Syria or any other country that is designated as a sanctioned country by the U.S.Government or
to,from or for use by any party included on,or owned or controlled by and party included on,any of the restricted party lists maintained by the U.S.
Government,including,but not limited to,the Specially Designated Nationals List administered by the U.S.Treasury DepartmenP s Office of Foreign Assets
Control and the Denied Persons List,Unverified List or Entity List maintained by the U.S.Commerce DepartmenP s Bureau of Industry and Security