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SYSTEM MONITORING- Shall include the collecting and processing of data transmitted by telemetry,PDA,laptop computer or other for evaluating the operating parameters of the treatment system,including alarm notification. It may also include all sampling and laboratory information. SYSTEM- Shall mean a Whitewater System verified wastewater treatment system. SYSTEM START-UP DATE- Shall mean the date the Whitewater system begins operating for its intended purpose. CHARGES Basic services including service inspection,effluent quality evaluation and service shall be included with the purchase of the Whitewater system. Optional,additional services shall be provided at the agreed upon contract price and terms.The annual report and annual evaluation fee required by DEQ is NOT optional and may or may not be included in the cost of basic services. Other services that are not included in the contract but are not limited to tank pumping,parts for repairs,labor to replace any parts,etc. Emergency service calls are to be billed to the homeowner and are not included in the contract. OWNERS RESPOSIBILmES The homeowner shall be responsible for complying with the Whitewater System Owner's Manual provided to them with the purchase of the system. If the homeowner sells home/property where Whitewater System is installed,homeowner Is to leave the Whitewater System Owner's Manual for the new owners and contact service provider with the new owners contact information. WARRANTY The Whitewater service provider warrants that all services shall be performed in a good workmanlike manner and that the service provider will correct any Whitewater system errors, malfunctions or defects directly caused by the service provider's failure to perform the services and additional services in such manner. LIMITATION OF LIABILITY The sole liability of the Whitewater service provider under this agreement shall be to correct any errors,malfunctions or defects in the system directly caused by the Whitewater service provider's failure to perform any service in a good and workmanlike manner pursuant to the charges outlined above.In no event shall the service provider's liability to the customer hereunder exceed the total of the amounts paid to the service provider hereunder by the customer. In no event shall the Whitewater service provider be liable to the customer or any third party claimant for any indirect,special,punitive,consequential or incidental damages or lost profits arising out of or related to this service contractor the performance or breach therefor,whether based upon a claim or action of contract,warranty,negligence or strict liability or other tort,breach of any statutory duty,indemnity or contribution or otherwise,even if the service provider has been advised of possibility of such damages. SERVICE CONTRACT TERMINATION I CANCEUAT1ON Service contracts may be terminated or canceled only upon: *Written notice by one party effective as of the effective date therefore in the other party is in default of any provision of this agreement and such default is not cured by the defaulting party with in fifteen days(15)after the effective date of said notice from the non-defaulting party or by the mutual written agreement of both parties. *Copy of such written notice shall be forwarded to the regulatory agency.