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Page 1 <br />ADDENDUM <br />This Addendum is incorporated in, and made a part of, the Purchase Order CB 25095 (the “PURCHASE <br />ORDER”) between City of Everett (the “Customer”) and Cummins Inc. d/b/a Cummins Sales and Service <br />(“CSS”). The Customer and CSS acknowledge and agree that the following terms and conditions are <br />hereby adopted and agreed to by the parties and made part of the PURCHASE ORDER and the Sourcewell <br />Contract #09222. In the event of a conflict between the terms and provisions of this Addendum and the <br />terms of the aforementioned agreements, the terms of this Addendum shall control. <br />1.Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED <br />HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT FOR THIRD <br />PARTY CLAIMS THAT ARE THE SUBJECT OF INDEMNIFICATION, IN NO EVENT SHALL <br />CSS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY <br />THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS PURCHASE ORDER <br />EXCEED ONE MILLION DOLLARS ($1,000,000) NOTHING IN THIS AGREEMENT <br />EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A <br />PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. BY ACCEPTANCE OF THIS <br />AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST <br />CSS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. <br />2.Tariff and Duty Surcharges. In addition to any adjustments otherwise provided for in the PO, in the <br />event of any increase in the cost of purchased materials due to the impact of any tariffs, duties, <br />levies, or similar government charges (“Tariffs”) in effect during the term of the PO, the parties <br />agree that such increases shall be passed through directly to the Customer effective immediately <br />upon Contractor notice to the Customer of such increases. The Customer shall pay Tariff-related <br />increases within thirty (30) days of receipt of invoice. <br />Agreed to and executed <br />CSS: Cummins Inc. <br /> By: ______________________________________ <br /> Name: ______________________________________ <br /> Title: ______________________________________ <br />Customer: City of Everett <br /> By: _______________________________________ <br /> Name: ______________________________________ <br />Title: _______________________________________ <br />Cassie Franklin <br />Mayor <br />Raymond Caparas <br />Territory Mgr <br />Attest: