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Page 3 of 3 <br />Agreement Continued <br />13. CLIENT agrees to release PRO-COMM <br />PRO-COMM and hold <br />PRO-COMM harmless against any such claim. CLIENT will notify his insurance company of this release. <br />14. WARRANTY : PRO-COMM will replace or repair any product PRO-COMM provides or CLIENT procures <br />under this Contract that fails within the warranty period (typically one-year) due to defective workmanship <br />or any other cause beyond PRO-COMM control. This warranty applies to PRO-COMM fabricated and <br />outside-purchased products. The warranty effective date is the date of CLIENT acceptance of the product <br />or the date CLIENT begins to receive beneficial use of the product, whichever comes first. <br />15. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL: Both PRO-COMM and CLIENT agree that no <br />lawsuit or any other legal proceeding connected with this Contract shall be brought or filed more than one <br />year after the incident giving rise to the claim. In addition, any such legal proceeding shall not be heard <br />before a jury. Each party gives up any right to a jury trial. <br />16. ENTIRE CONTRACT: The entire and only managed system Contract between CLIENT and PRO-COMM is <br />written in this Contract. This Contract replaces any earlier oral or written Contract, understanding or <br />Contract. It may only be changed by a written Contract identifying itself as an amendment to this Contract <br />- signed by CLIENT and authorized PRO-COMM Officer of the corporation. It may not be changed by any <br />oral statements or representations made by PRO-COMM <br />ever gave PRO-COMM a purchase order for the system or service which provides for different terms than <br />this contract, this Contract will govern and be controlling. If any provision of this Contract is found to be <br />invalid or illegal by a court, the balance of the Contract shall remain in force. CLIENT agrees that this <br />Contract is performed in the state of Washington and shall be governed by the laws of Washington. <br />17. LICENSES: Contractors are required by law to be licensed and regulated by the Department of Labor & <br />Industries. Any questions regarding a contractor may be referred to the Registrar whose address is: <br />Department of Labor & Industries, 7273 Linderson Way SW, Tumwater, WA 98501 <br />18. INDEPENDENT CONTRACTOR: PRO-COMM is as an independent contractor to CLIENT. Nothing in this <br />Contract shall be construed or applied to create a partnership or joint venture, or an employer/employee or <br />master/servant relationship. PRO-COMM shall have no authority to commit CLIENT in any manner, and <br />PRO-COMM will not make any representation to the contrary. <br />CLIENT Pro-Comm, Inc. <br />_______________________________ <br />Signature <br /> <br /> <br /> <br />Pro-Comm, Inc. CLIENT <br />Signature: {{* <br />Print Name: {{*} <br />Title: {{*_} <br />Date: {{*_es_:signer:date}} This Contract shall not be binding upon PRO-COMM unless either (1) approved in writing by an officer of PRO-COMM, or 2) PRO-COMM completes the <br />installation. In the event of PRO-non-approval, the liability of PRO-COMM is limited to a refund of the amount that has been paid to PRO-COMM by <br />CLIENT upon the signing of this Contract. <br />If CLIENT adds or deletes additional services to the scope of this Contract during the course of the installation or at any time in the future, PRO-COMM will adjust <br />the periodic price of this Contract during the term of this Contract (either up or down), and CLIENT agrees to pay for this negotiated increase or decrease in scope <br />of services to the main/original Contract between the CLIENT and PRO-COMM. <br />Cassie Franklin <br />Mayor