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Home My WebLink About13-14629 , CITY OF ZEPHYRHILLS 5335-8TH STREET (si3)�so-oozo 146 BUILDING PERMIT Permit Number: 14629 Address: 4330 20TH ST Permit Type: MECHANICAL ZEPHYRHILLS, FL.. Class of Work: A/C CHANGEOUT Township: Range: Book: Proposed Use: LIGHT INDUSTRY Lot(s): Block: Section: Square Feet: Subdivision: CITY OF ZEPHYRHILLS Est. Value: Parcel Number: 13-26-21-0070-08900-0020 Improv. Cost: 9,800.00 Date Issued: 10/14/2013 Name: NESTLE WATERS NA, INC Total Fees: 85.00 Address: 4330 20TH ST Amount Paid: 85.00 ZEPHYRHILLS, FL. 33542 Date Paid: 10/14/2013 Phone: (813)783-1959 Work Desc: A/C CHANGE OUT ROOF TOP 60 TON i �i; !.� 9; i; .� HA 5. � }�l G V q JV i.,, ; � C ,�� r, ; .��. ; �� . - LL DUCTS IN$�JLA��J� FINAL f G REINSPECTION FEES: Reinspection fees will comply with Florida Statute 553.80 (2)(c)when extra inspection trips are necessary due to any one of the following reasons: a)wrong address b)condemned work resuiting from faulty construction c) repairs or corrections not made when inspections called d)work not ready for inspection when called e) permit not posted on job site� plans not at job 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 Must Accompany Application. All work shall be pertormed in accordance with City Codes and Ordinances. NO OCCUPANCY BEFO C.O. J�� TRAC SIGNATURE PERMIT OFFI R MIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTION � CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED PROTECT CARD FROM WEATHER � illllllllilllllllllllllllllllllllllllllBllllllillllllllllll 2013177232 �tcpt:1666581 Rsc; 10.00 DS: 0.00 IT: 0.00 10/18/13 E. Mungu�a, Dpty Clerk 'iiUlR 5 0'NEII,PA D PRSCO CLERK 6 COMPTROLLER 10%R5BK3 v9�� P�o 992 NOTICE OF COMMENCEMENT —" Permit No. Property Identification No. THE iJNDERSIGNED hereby gives notice that improvements will be made to certain real property,and in accordance with Section 713.13 of the Florida Statutes,the following infortnation is provided in the NOTICE OF COMMENCEMENT. ' t Description ofproperty(! a/descrlp[lon:) �✓ �(D p�I (�CJ/� �7YUU /L,�� a) StrcetAddress: '�J�30 20"j 3Met'r 2E'P�tYRH«�S � f�Q�iA.q 2. Generaldescriptionofimprovements CNi�LU2 REAe�,�.tr�sT 3 Owner Information a) Nameandaddress: 2EPtIVRfflGC� 60{l� W,�n,cy� �a�Pp�,�V �/33U 20� 5T1(E'�i� j.E'qi�26{�1L.e.� b) Name and address of fee simple titleholder(if other than owner) Pw2tAr1 �) ?nterestinpro�+erty �1��/�riAeTUR.n�G Fi1ei2�t�/ 4. Contractor Information . a) Name and address: � , � S r � b) Telephone No.: Fax No.(Opt.) E' . �� 5. Suroty Information '� a) Name and address: b) Amount of Bond: c) Telephone No.: Fau No.(Opt.) 6. Lender a) Name and address: 7 Identity of person within thc State of Florida designated by owner upon whom notices or othcr documents may ba scrved; a) Name and address: b) Telephone No.: Fax No.(Opt.) 8. In addition to himself,awner designates the following person to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes: '�`• � ��j L a) Name and address: t%? +„L� v �; +�� b) TelephoneNo.: FaxNo.(OptJ � (`; � � --� U 9 Expiration date of Notice of Commencement(the expiration date is one year from the date of recording unless a different date is � `� ;� � F" � U '- spxified): tf, C, ,j �� S -y �,. - �- "� � 1— ;1J E- �i�i EdL.. Lii . i 'v'? d WARNINiG TD OWNER:ANY PAYMENTS MADE BY THE OWNER AFfER THE EXPIRATION OF THE NOTICE OF ['p � '-� � J � G COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNIDER CHAPTER'113,PART 1,SECTION 713.13, }. L F- � J FLORIDA STATUTES AND CAN RESULT I1V YOUR PAYING TWICE FOR IPROVEMENTS TO YOUR PROPERTY.A �-- �� u- � � NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE'fHE FIRST Z :L" Q � ti- � `r- � �� -. � INSPECTION.[F YOU INTEND TO 08TAIlV FINANCING,CONSULT YOUR LENDER OR AN ATTORNEY BEFORE � ` � ti -� � COMMENCING WORK OR FtECORDING YOU NOTICE OF COMMENCEMENT. � � p LY r� � TS.3C� � � STATE OF FLORIDA � � Q j-- r_ J � � COUNTY OF PASCA � � �� '� [j LL_ Signaturc OF Owner or ffiorizcd Oftiea/DirecWr/PartnedMan�gp � L:. � � � O J /�l(CFfY�)'L'C. L� �- C% � �- r GWt1.6L+G1� �' f� z" � Pnnt Neme � LI Q � .._ f_� ✓ � � The foregoing instrumem wav acknowledged before me this !�day of OCTO�L{�l 20�,by -�" �" � Ci �'j � ^—' � (rype of authoriry,c.g.offecer,trustce in fact)for � �� = � f � (nemeof �� %� � —^-- party on behalf oC whom instrument was uecu J Q / ,= t:: `� !L L � I Personafly Known �/ OR Produced Identificallon Notary Si a � h` � (✓y F- � fJ � �iL O�J Type of Identification Produced� Name(print) � �, 0. V,,[ * Verification pursuant to Section 92.525,Florida Statutes.Underpenalties of perjury,I declare tliat ave read the oregoing and that the facts stated Q.G i '• * in it are hue to the best of my knowledge and belief. _/ G� � * FORMSMOC.rvW2007 {�(/( .A�( t S�puweofNWalPmonSipn �., '� ^ M �� 1 � `°�rt��'t Mff'Mf�E PASSARELLA � � a �.`-..% �� • � r� �- FIYC�IMiS�NrEE&6)a7 � s F' � �'• EXPIRES:Fe�nwy 26.2017 7 0 "�C �"��.;�•+''11orE�tlihuNduyPublcNkerwikn � C: �ti � J,� ti ti- a 'Ni� ..� �! �r,��-. d� • y� �* �` 813-780-0020 City of Zephyrhills Permit Application Fax-813-780-0021 Building Department Date Received D�, Phone Contact for Permittin Owner's Name C�� ,H � Owner Phone Number Owners Address CJ � Owner Phone Number C Fee Simpie Titieholder Name � Owner Phone Number C Fee Simple Titleholder Address s/�� JOB ADDRESS `7'�„�� I L07# � SUBDIVISION � PARCEL ID# (OBTAINED FROM PROPERTY TAX NOTICE) wORK PROPOSED NEW CONSTR D/ALT � SIGN � 0 DEMOLISH � INSTALL 8 EPAIR PROPOSED USE Q SFR COMM � OTHER TYPE OF C�NSTRUCTION Q BLOCK Q FRAME 0 STEEL Q I DESCRIPTION OF WORK ��///L�1/�`'`��/��%`'�� /�'f� l��L��j�n BUILDING SIZE � SQ FOOTAGE� HEIGHT �� QBUILDING $ VALUATION OF TOTAL CONSTRUCTION QELECTRICAL $ AMP SERVICE Q PROGRESS ENERGY Q W.R.E.C. QPL�BING $ �f� . ,/ / (�' t ��r QMECHANICAL $ �j�„ VALUATION OF MECHANICAL INSTALLATION �� C.CJ OGAS Q ROOFING Q SPECIALTY � OTHER FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA QYES NO �� BUILDER COMPANY � SIGNATURE REGISTERED Y/ N FEE CURRE� Y/N Address License# �i�C��8`� ELECTRICIAN � � COMPANY SIGNATURE � REGISTERED Y! N FEE CURREP Y/N Address License# C PLUMBER COMPANY SIGNATURE REGISTERED Y/ N FEE CURRE� Y/N Address License# C MECHANICAL r COMPANY SIGNATURE REGISTERED Y/ N FEE CURRE� Y I N Address � / � %� License# �� l/ + OTHER COMPANY SIGNATURE REGISTERED Y/ N FEE CURRE� Y/N Address License# C RESIDENTIAL Attach(2)Plot Plans;(2)sets of Building Plans;(1)set of Energy Forms;R-O-W Permit for new construction, Minimum ten(10)working days after submittal date. Required onsite,Constructlon Plans,Stormwater Plans w/Silt Fence installed, Sanitary FaGlities&1 dumpster;Site Work PeRnit for subdivisionsllarge 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,Stormwater Plans w/Silt Fence installed, Sanitary Facilities&1 dumpster.Site Work Permit for all new projects.All commercial requirements must meet compliance SIGN PERMIT Attach(2)sets of Engineered Plans. `•*"PROPERTY SURVEY required for all NEW consUucUon. Directions: Fill out application completely. Owner&Contractor sign back of appltcation,notarized If over 52500,a Notice of Commencement is required. (A/C upgrades over 57500) "' Agent(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(Plot/Survey/Footage) Driveways-Not over Counter if on public roadways..needs ROW NOTICE OF DEED RESTRICTIONS: The undersigned understands that this permit may be subject to"deed" restr�ctions" which may be more rest�ictive than County regulations. 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 IMPACT/UTILITIES IMPACT AND RESOURCE RECOVERY FEES: The undersigned understands that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buitdings, change of use in existing buildings, or expansion of existing buildings, as specified in Pasco County Ordinance number 89-07 and 90-07, as amended. The undersigned aiso understands, that such fees, as may be due, will be identified at the time of permitting. 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 does not involve a certificate of occupancy or final power release, the fees must be paid prior to permit issuance. Furthermore, 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 1, the applicant, have been provided with a copy of the "Florida Construction Lien Law—Homeowner's Protection Guide" prepared by the Flo�ida Department of Agriculture and Consumer Affairs. If the appiicant 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 certify that all the information in this application is accurate and that all work will be done in compliance with all applicable laws regulating construction, zoning and land development. Application is hereby made to obtain a permit to do work and installation as indicated. I certify that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet standards of all laws �egulating 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 government 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 include but are not limited to: - Department of Environmental Protection-Cypress Bayheads, Wetland Areas and Environmentally Sensitive Lands, Water/Wastewater Treatment. - Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas, Altering Watercourses - Army Corps of Engineers-Seawalls, Docks, Navigable Waterways. - Department of Health & Rehabilitative Services/Environmentai Health Unit-Wells, Wastewater Treatment, Septic Tanks. - US Environmental Protection Agency-Asbestos abatement. - Federal Aviation Autho�ity-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 fill 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 inform 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 spec�cally 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 pe�mit 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 justi�able 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 C M - T MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INT ANCING, CONSULY WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOU TI CO EN ENT. FLORIDA JURAT(F.S. 117.03) ,'jr� � OWNER OR AGENT CONTRACTO � Subscribed a m or e this Subscribed and sworn to(or afFlrmed)before me this bY by Who islare personally known to me or haslhave produced Who r erson n wn to me or haslhadent flcation. as Identlfication. �, ,� ti �+�� 't--� Notary Public Notary Public +t,_,.�'L L � �� Commission No. Cor�ir�ai / ,,, ;; :M Commission#EE 040520 Name of Notary typed,printed or stamped Name o �T�,F��gpp�p�1010 NORTH AMERICA Page 1/4 Purchase order : 4544461743 Date: 08/08/2013 Printed: 08/15/2013 Vendor Number: 100559699 Terms of Deliv.: DDP PLANT Tampa Bay Trane Currency: USD United States Dollar P.O.Box 18547 Delivery Date: OCT 08 2013 Tampa,FL 33679-8547 United States Tel: 817 3365708 Fax: 813 8778257 e-mail: Our Reference: Purchasing Contact: Your reference: NW Engineer FL CA For the attention of:Jeffrey Rumore Trong Nguyen Tel: Fax: TRONG NGUYEN@WATERS.NESTL:E.COM Deliver To: Invoice To: US PL NW Zephyrhills Factory Nestle Waters NA US PL NW Zephyrhills Factory P.O.Box 7049 4330 20th St Troy,MI 48007-7049 PASCO Zephyrhills,FL 33542-6703 United States The Nestle Supplier Code: The Nestle Supplier Code establishes non negotiable mmimum standards that we expect our suppliers to adhere to. The Code can be viewed on•�W-ne.ctle_rn,,,/c,�1�iPrs, By acceptance of this purchase order the Supplier commits to the requirements 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 A�VD 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 PLEASE DO NOT SEND INVOICES TO TROY,MI ADDRESS Send Invoices To: (Sending invoices to any other address may result in significant delays to payments) ATTN: Trong Nguyen Engineering Accountant Nestle Waters North America 1322 Crestside Drive Suite 100 Coppell,TX 75019 Phone:972-462-3600 This order is subject to all printed and written terms and conditions appearing in this document —� NONTN AMENICA PO No/So PO/Date:4544461743/08/08/2013 Page 2/4 Item Material No. Vendor Mat.No. Description Quantity Unit Delivery Date&Time Price/[JnitNet Value Fax: (972)462-3766 E-mail:trong.nguyen@waters.nestle.com 10 90001367 **Chiller Replacements 54,950.00 Project:Zephyrhills Roof Top HVAC Unit SUMMARY Remove existing Carrier 60 ton air cooled chiller and install new Trane 60 ton air cooled chiller per manufactures specifications.Flease note TBT will be performing energy calculations on the new system per new permitting regulations. Scope Includes the Following: 1 Disconnect existing chiller 2.Remove existing chiller and dispose of per EPA regulations 3 Set new Trane chiller on existing base 4 Reconnect chilled water piping 5 Reinsulate piping as needed(metaljacketed) 6.Reconnect electrical 7 Install new pressure gauges 8.Install new temperature gauges 9 Install new hurricane tie downs per code 10 Test and run chiller 11 1 year warranty on chiller and install//5 year warranry on compressors This scope does not include: 1 Replacing the existing pump 2.Replacing the existing disconnect 3 Electrical modifications beyond extending the disconnect whip 4 Modifying existing steel structure to meet new hurricane codes(If needed) 5 Painting or sanding existing steel structure 6.Controls 7 Overtime or weekend work PROPOSAL PRICE. Customer agrees to pay$54,950.OQ inclusive of tax,to TBT as consideration(the#Contract Price#)for the Contracting Services outlined in this proposal. Total net item value 54,950.00 Total including tax 58,796.50 PO approved by Charles Deem 08/15/2013 15:06:22 CET Michael Guilmette 08/08/2013 20:10:44CET . --� . ' _ NORTN AMERIC/1 PO No/So PO/Date:4544461743/08/08/2013 Page 3/4 Purchase Order Terms & Conditions EQUIPMENT,MACHINERY,APPARATUS AND/OR MATERIALS 1 Seller shall deliver the items of equipment,machinery,appazatus and/or materials described on the face of this Purchase Order(hereinafter"Equipment"),and shall provide any installation or related services specified on the face hereof,all at the price(s)and within the time periods stated ax�d in accordance with the terms and conditions of the Agreement(as defined below). 2.The agreement("AgreemenP')between the Nesd�entity identified on the face of this Purchase Order("Buyer")and Seller is comprised of these Terms and Conditions of Purchase of Fquipment,Machinery,Apparatus 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 terms proposed by Seller are rejected unless expressly assented to in writing by Buyer Any reference to Seller's Quotation or Proposal on the face hereof shal]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 aze hereby excluded. and not deemed a part of the Agreement. In the event of a conllict or inconsistency between the Buyer's Specification and these Terms and Conditions of Purchase,these Terms and Conditions of Purchase shall control. 3 The prices set forth or referenced on the face of this Purchase Order shall include all charges for production,packing and loading,and any other charges set forth on the face hereof. Buyer may withhold payment to offset amounts to which it is entitled under the Ageement. 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 Equipment 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 be:low),or for such longer period as may be specified in the Agreement.Seller shall,at its expense and promptly after its receipt of notice from Buyer of such non-conformiry, exercise its best efforts to remedy such non-conformity If Seller fails to remedy such nonconformity 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-conformiry,in which event Seller shall prompUy reimburse Buyer for all costs incurred by Buyer in attempting to correct such defect.If,despite the efforts of Seller(or,as referenced above,Buyer),to remedy rhe nonconforrnity,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 adjushnent to the purchase price.The warranty 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 otherwise not performing in accordance with this warranty,notwithstanding that either Seller or Buyer is attempting to remedy such non-conformity 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 wi Il comply with all applicable federal,state or local laws and regulations or safery guidelines,(ii)the Equipment,or Buyer's use thereof,will not infringe upon any right ofpatent,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 action obligations set forth in Public Law 95-507,and in the Equal Opportuniry 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 E;mployment Opportuniry),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 facility(unless an alternate location is specifiedin Buyer's Specification). Such FAT shall be conducted in accordance with the protocol set forth in Buyer's Specification. If,during or as a result of such FAT,the Fquipment 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,prompdy make any modifications and,corrections to the Equipment necessary to enable 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 t6e 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 terms 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 terminate 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 contractors,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. 11 If Seller,as part of the Agreement,is responsible for installing the Equipment at Buyer's facility,then(unless the paRies enter into a separate agreement covering Seller's installation of the Equipment Seller shall comply with the"Supplemental Terms and Conditions for Installation of Equipment"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 i�connection with any negligent act or omission of Seller,its employees,representatives or agents or Seller's breach of any representation,warranty,obligation or covenant made or assumed by Seller in the Agreement. 13 Seller shall maintain Commercial General Liability insurance("CGL"),including Products&Completed Operations Liabiliry,Broad Form Property Damage,Operating Liability,and Contractual liabiliry,with a]imit of not less than$5,000,000 per occurrence.If Seller,as part 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 Agreement anc�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 Seller's negligence,this coverage shall be primary and non-contributory with any insurance coverage Buyer may have. Seller shall provide to Buyer a certificate evidencing the above required coverages promptly upon Buyers request. 14 Any assignment,subcontracting or delegation by Seller of any obligation or responsibility 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 pwchase 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,or products. NORTH AMERIGI PO No/So PO/Date:4544461743/08/08/2013 Page 4/4 acceptance testing at Buyer's facility("Final Acceptance Testing"). Buyer shall not be deemed to have accepted the Equipment,and 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 Equipment 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 Fquipment to Buyer's faciliry,Buyer will release to Seller fifty percent(50%)of the milestone payment otherwise due to Seller upon successful completion of Final Acceptance Testing. If,as a result of any Equipment non-conformiry 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 Equipment 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 Equipment 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-conformity or defect,Final Acceptance Testing cannot begin within thirty(30)days of t6e 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 tu remedy such non-conformiry(ies),or engage a third party to remedy such non-conformiry,in which event Seller shall promptly reimburse Buyer for all costs incurred by Buyer in attempting to correct 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 Ageement,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 Fquipment 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,furnish to Buyer copies of the latest available audited financial statements for Sellec If audited financial statements are not available,Seller shall fumish to Buyer its tax returns for the prior two(2)years. Unless available to the public,Buyer shall not disclose to any third party such financial statements or tax returns 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 regarding the rights and obligations under the Agreement,the prevailing party shall be entifled to reasonable attorneys' fees and couR cOSts. 21 Any term or provision of the Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceabiliry of the remaining terms and provisions hereof or the validiry or enforceability ofthe 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 does not waive that party's rights 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 govemments(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 Modemization Act of 1993,Foreign Trade Regulations and the economic sanctions rules and regulations implemented under statutory authority and/or President's Executive Orders and administered by the U.S.Treasury Deparhnent's Office ofForeign Assets Control and any export or import requirements imposed by the U.S.Food and Drug Administratioa Seller specifically agrees that it will not export,re-expoR,import or otherwise transfer,directly or indirectly through any third parties 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,Myanmaz(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 Department's Office of Foreign Assets Control and the Denied Persons List,Unverified List or Entity List maintained by the U.S.Commerce Department's Bureau of Industry and Security