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DAIKI <br /> 4 <br /> that of Contractor. "Subcontractor Agreements will contain warranties that Subcontractors will <br /> perform the Work in a similar manner.Valid for one year from completion of the Work. <br /> 12. Asbestos and Hazardous Materials. In the event Contractor encounters asbestos, lead and/or other <br /> hazardous materials, Contractor will stop work and notify Owner, and shall have the right to <br /> suspend its work at no penalty to Contractor until such products or materials and the resultant <br /> hazards are removed. Completion of the work shall be extended to the extent caused by the <br /> suspension and the contract price equitably adjusted. Owner shall remediate any asbestos, lead or <br /> other hazardous materials at Owner's expense, and shall be responsible for all costs, expenses, <br /> damages, fines, penalties, claims and liabilities associated with or incurred in connection with any <br /> hazardous materials or substances, upon; beneath, about or inside Owner's equipment or property, <br /> shall bear title to, ownership of, and legal responsibility and liability for any and all such hazardous <br /> materials or substances, and shall be responsible for the removal, handling and disposal of all <br /> hazardous materials and substances in accordance with all applicable Governmental Regulations. <br /> Owner shall defend, indemnify, reimburse and hold harmless Contractor and its officers, directors, <br /> agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, <br /> actions, suits, fines and penalties (including without limitation, attorneys' fees and expenses) <br /> suffered or incurred by any such indemnified parties, based upon, arising out of or in any way <br /> relating to exposure to, handling of, or disposal of any hazardous materials or substances, in <br /> connection with the services performed hereunder. Contractor reserves the right to engage others <br /> in a subcontractor status to perform the work hereunder. <br /> 13. Confidentiality. Owner agrees to keep confidential and use its best efforts to cause any sales <br /> representative and employees to keep confidential all trade secrets, proprietary, and confidential <br /> information (hereinafter "Confidential Information") related to Daikin Applied and safeguard all <br /> Confidential Information from disclosure or use by any person directly or indirectly under Owner's <br /> control. Confidential Information does not include (i) information which is in the public domain <br /> other than through a breach of this clause and (ii) information which was received by Owner <br /> independently of Daikin Applied. Neither expiration nor termination of this.Agreement for any <br /> reason shall release Owner from the obligations of this Section. <br /> 14. Notices. Any information or notices required to be given under this Agreement shall be in writing <br /> and shall be delivered either by(a)certified mail;return receipt requested, in which case notice shall <br /> be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (b) a <br /> reputable messenger service or a nationally recognized overnight courier, in which case notice shall <br /> be deemed delivered one (1) business day after deposit with such messenger or courier; or (c) <br /> personal delivery with receipt acknowledged in writing, in which case notice shall be deemed <br /> delivered when received. All notices shall be addressed as follows: <br /> If to Contractor: Daikin Applied Americas Inc. <br /> Attn: Legal Department <br /> 13600 Industrial Park Blvd. <br /> Plymouth, MN 55340 <br /> If to Owner: Adventist Health <br /> Attn:Canute Hutchinson <br /> 250 5 Chickasaw Trail <br /> Orlando, Florida 32825 <br /> 02018 Daikin Applied Page 17 Project Proposal <br /> Proposal#: Q-00019284 <br /> Michael Opal <br />