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<br />the event MacQueen does not receive a Notice of Defect within fifteen (15) days of Delivery, Product will be deemed to be in
<br />conformance with Specifications and Accepted by Customer.
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<br />8. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or
<br />to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of
<br />the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or
<br />nationally-recognized private express courier:
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<br />MacQueen Equipment, Inc. Customer
<br />1125 7th Street East
<br />St. Paul, MN 55106 City of Elk River
<br /> 13065 Orono Pkwy
<br /> Elk River, MN 55330
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<br />9. Standard Warranty. The equipment sold herein will be manufactured by Pierce Manufacturing, Inc.and any warranties are
<br />attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by Pier ce’s
<br />authorized representative and MacQueen.
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<br />a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PIERCE, ITS
<br />PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, DISTRIBUTORS, DEALERS,
<br />INCLUDING WITHOUT LIMITATION, MACQUEEN EQUIPMENT, INC., OR THEIR RESPECTIVE OFFICERS,
<br />DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR
<br />IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE
<br />REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT
<br />LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED
<br />WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A
<br />PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES
<br />REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
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<br /> b. Exclusions of Incidental and Consequential Damages. In no event shall MacQueen be liable for consequential,
<br />incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating
<br />to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict
<br />liability, statutory liability, indemnity, whether resulting from non-delivery or from MacQueen’s own negligence, or otherwise.
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<br />10. Insurance. MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best:
<br />Commercial General Liability Insurance:
<br /> Products/Completed Operations Aggregate: $2,000,000
<br /> Each Occurrence: $2,000,000
<br />Umbrella/Excess Liability Insurance:
<br /> Aggregate: $5,000,000
<br /> Each Occurrence: $5,000,000
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<br />The Customer may request MacQueen to provide the Customer with a copy of a c urrent Certificate of Insurance with
<br />the coverages listed above.
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<br />11. Indemnity. The Customer shall indemnify, defend and hold harmless MacQueen, its officers, employees, dealers, agents or
<br />subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys’ fees or expenses of any kind or nature
<br />whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting fr om,
<br />arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by MacQueen
<br />which are not caused by the sole negligence of MacQueen or Pierce.
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