Upon termination, any dispute that has already been referred to arbitration
shall continue in the arbitration process regardless of the termination.
9. WARRANTY
Customer's Equipment may be covered by a manufacturer's standard warranty from
time of sale or by an Extended Service coverage or Overhaul Protection, or similar
coverage. Such coverage, if any, shall be identified on Warranty, Extended Service
Coverage attached as Exhibit B. Any service and repairs covered by warranty or
other coverage shall be provided and billed under the warranty or other coverage,
notwithstanding that the same service or repair may also fall within the terms of
this Agreement.
10.
SUBCONTRACTING AND PERSONNEL
MCAT may subcontract any of its obligations under this Agreement to a third
party, provided that MCAT shall remain responsible for the performance of
any of such obligations. MCAT shall advise Customer of the subcontractor for
each situation and the subcontractor shall be subject to the approval of
Customer prior to performing any work under this Agreement. All
subcontractors shall comply with all terms of this Agreement.
In the event Customer becomes aware of a problem or concern with the
performance of a subcontractor (or any employee or representative of a
subcontractor), Customer shall advise MCAT of the problem or concern, and
MCAT shall make all reasonable efforts to remedy the problem or concern to
the satisfaction of Customer.
MCAT represents and warrants that it or its subcontractor(s) has and shall
maintain any permits, licenses, certificates, approvals and authorizations
required by law for it to carry out the Services hereunder and shall comply in
all material respects with all applicable laws relating to the provision of
services under this Agreement inctuding any work and safety rules or policies
of Customer applicable to the Site, as provided in writing to MCAT.
MCAT shall be responsible for the safety of its employees.
Customer reserves the right to require the removal from its Site any
personnel of MCAT or its subcontractor(s) for any legal reason. In sucha
case, MCAT shall promptly replace those personnel.
