LBRE – Load Bank Rental Europe

1. Scope of validity

1.1 LBRE – Load Bank Rental Europe - hereinafter referred to as “LBRE” - leases temporary power and temperature control plant, machinery and equipment – hereinafter referred to as “Plant” - and delivers the associated services exclusively on the basis of the following general trade conditions, unless agreed otherwise in writing in specific cases.

1.2 The LBRE general trade conditions are exclusively applicable. The terms and conditions of the customer - hereinafter referred to as the “Hirer” - do not apply as far as they contradict the LBRE general trade conditions or deviate from them, unless LBRE agreed with the Hirer's terms and conditions explicitly. The LBRE general trade conditions apply also in the event that LBRE fulfills the Contract without reservation although LBRE is aware of the Hirer's contradicting or deviating terms.

1.3 The Quotation (as defined hereunder and including the Hirer’s acceptance thereof) and these LBRE general trade conditions comprise the entire contract, agreement and understanding between LBRE and the Hirer (the “Contract”) and no other terms and conditions, or pre-contractual statements or representations, shall form part of the Contract. The Contract supersedes any previous agreement between the Parties relating to the subject matter of the Contract.

2. Definitions

3. Hire Period and Charges

3.1 Subject to Clause 3.2 (re Minimum Hire Period), the Contract may be terminated by either the Hirer or LBRE on giving not less than two (2) Working Days' written notice to the other. Notwithstanding that notice of termination has been served, all Charges shall continue to apply until the Plant is returned to or collected by LBRE as specified in the Quotation.

3.2 The Hire Charges are fixed for the Minimum Hire Period. If the Hire Period is, as a result of off-hire of the Plant by the Hirer, shorter than the Minimum Hire Period, the Hirer shall remain liable to pay to LBRE the Hire Charges in respect of the remainder of the Minimum Hire Period in addition to any outstanding amounts due under the Contract up to the date of off-hire (including the Services Charges, the Fuel Charges and/or the Transport Charges (as applicable)).

3.3 With effect from completion of the Minimum Hire Period, LBRE may, upon giving the Hirer at least one (1) months written notice, amend the Charges accordingly if, for reasons for which LBRE is not responsible, the cost of goods, materials, services and labor and other relevant factors on which the calculation is based increase and this leads to an increase in total costs for LBRE, taking into account all other cost items.. Where LBRE is providing fuel or fuel management services, LBRE reserves the right to vary the Fuel Charges specified in the Quotation on a weekly basis with reference to movements in the applicable fuel index.

3.4 Without prejudice to Clause 3.3, during the Hire Period, any of the Charges will be reviewed with effect from the date which is twelve (12) months after the date of the conclusion of contract and at the end of each subsequent twelve (12)-month period (a "Review Date”). LBRE is entitled to adjust the Charges at its reasonable discretion, taking into account the average percentage increase in the level of the Index (as defined below) during the period commencing on the previous Review Date on which such charges were last adjusted (or the date of the Contract in the case of the first Review Date) and ending on the current Review Date (the "Review Period"). For the purposes of this Clause, the "Index" means the Germany Consumer Price Index or if that index ceases to be available, such other index as the Parties shall mutually specify. The adjustment based on this provision shall not exceed the percentage increase of the Index. Any adjustments made in the meantime in accordance with clause 3.3 shall be taken into account appropriately.

3.5 Continuation of the Hire Period beyond the term specified in the Quotation shall not be tacit if the Hirer does not return the Plant or does not make it available for collection (as applicable according to the agreement). The Hirer must request such continuation at least two (2) Working Days before expiry of the agreed Hire Period. LBRE shall have the choice to accept or not the extension. In any case, the Hire Charges are due by the Hirer until the Plant is returned to an LBRE site. In the case of LBRE refusing the extension of the Hire Period, the Plant should be made available for collection or be returned (as applicable) as initially agreed and in compliance with Clause 10.

4. Scope of Services

4.1 LBRE allows the Hirer to use the Plant for the contractually specified purpose.

4.2 LBRE is responsible for maintaining the usability as well as proper function of the Plant during the Hire Period by replacing damaged parts or the repair of the Plant and, if necessary and available, even by means of alternative substitute devices.

4.3 LBRE shall, either itself or via a contractor, provide regular maintenance and servicing in accordance with LBREs standard practice. The Hirer shall make the Plant available to LBRE for the purpose of carrying out maintenance or service within (a) one (1) Week of LBRE advising the Hirer of such maintenance or service being due in case of routine or (b) immediately in case of safety or Breakdown risk. If, for reasons the Hirer is responsible for, scheduled maintenance and servicing cannot be carried out within one (1) Week of LBRE advising the Hirer of such maintenance and servicing being due, LBRE shall not be responsible for any Breakdown which is attributable to such denial of or delay in access and the Hirer shall compensate LBRE for additional wear, tear and damage to the Plant by paying any consequent repairs which are attributable to such failure to service the Plant.

4.4 The maintenance and servicing schedule for the Plant is determined by the running hours of the Plant. Unless the Plant is hired on the basis of unlimited running hours (or LBRE engineers are on-site operating the Plant), as soon as reasonably practicable after the end of each Week, the Hirer is required to provide LBRE with an accurate statement of the number of hours the Plant has worked each calendar day in that Week. Where the Plant is hired on the basis of limited running hours in a Week, if the actual running hours of the Plant in a Week exceed the agreed limit for that Week and the Hirer fails to provide notification of the running hours to LBRE, LBRE shall not be responsible for any Breakdown which is attributable to a missed or extended service interval and the Hirer shall compensate LBRE for additional wear, tear and damage to the Plant by paying any consequent repairs which are attributable to a missed or extended service interval.

4.5 During Normal Working Hours, LBRE will make no charge to the Hirer for any routine maintenance and servicing. But if the Hirer can only make the Plant available for this purpose outside Normal Working Hours, then LBRE reserves the right to charge the Hirer for overtime costs in accordance with the rates set out in the Quotation.

4.6 The Hirer shall allow LBREs employees, servants, agents and insurers safe and proper access (including vehicle and logistics access) to the Plant at all reasonable times for its Delivery and collection, as well as to inspect, test, adjust, maintain, repair or replace it. If access is denied or delayed, any obligation of LBRE either to provide a service engineer on site and/or to remedy any fault, in each case within a specified period, shall be modified by extending the relevant period by such time as LBRE considers is reasonably necessary to take account of such denial of or delay in access.

5. Breakdown

5.1 The Hirer must notify LBRE of any Breakdown or the unsatisfactory working of any part of the Plant immediately. The Hirer shall not attempt to carry out repairs himself or to engage any third party to carry out any repairs except with the express prior approval of LBRE. If there are stoppages outside LBREs control, LBRE shall not accept any relief from Charges (except to the extent that such stoppages arise as a direct result of a Force Majeure Event) nor any other claims however they arise.

5.2 If any Plant breaks down or suffers a defect through proper ordinary usage or fair wear and tear or the development of an inherent fault or a fault not ascertainable by reasonable examination by the Hirer in accordance with Clause 7.1, LBRE shall choose either (a) to repair it at LBREs expense and with the least reasonably practicable delay or (b) to replace the relevant Plant. The Hirer shall not be charged for the hire of the item of the Plant that has suffered a Breakdown from the date of its notification of the Breakdown to LBRE until such item of the Plant has been repaired or replaced (as applicable).

5.3 If any Plant breaks down or suffers a defect for any other reason, LBRE shall choose either (a) to repair it at the Hirer's expense or (b) to replace the relevant Plant at the Hirer's cost and expense, in each case without prejudice to the obligation of the Hirer to pay any Charges due to LBRE under the Contract while the Plant is idle owing to any such Breakdown and until repair or replacement (as applicable) is completed. If expert is necessary to determine the reason of the Breakdown or defect, and the expert concludes that it is not due to any reason listed under Clause 5.2, the Hirer shall bear the costs of the expert unless the Hirer can prove that this was not recognizable to him.

5.4 If repair is impracticable despite LBREs reasonable efforts and if replacement of the Plant is not available at affordable cost, LBRE may terminate the hiring immediately.

6. Duties of the Hirer

6.1 The Hirer shall notify the Delivery address and the installation Site to LBRE in writing. Additional charges due to incorrect or incomplete statements shall be borne by the Hirer.

6.2 The Hirer notifies LBRE on the specificities of its Site that might obstruct smooth Delivery, installation and operation of the Plant. The Hirer selects the installation Site in such a manner that Delivery is guaranteed without loss of time as well as trouble-free and normal use of the Plant.

6.3 The Hirer shall use the Plant in compliance with its specification and relevant laws or regulations (including environmental laws and regulations). The Hirer shall ensure that the Plant is not operated for any purpose beyond its rated capacity or in a manner likely to result in deterioration of the Plant. The Hirer shall indemnify LBRE against all claims, losses, damages, costs, charges and expenses arising as a result of failure to comply with this Clause. This shall not apply if the Hirer proves that it is not responsible for the violation.

6.4 The Hirer shall not rehire, sublet, lend or otherwise make any part of the Plant available to any third party without the prior written approval of LBRE. The Hirer shall indemnify LBRE against all losses, damage, costs, charges and expenses arising as a result of failure to comply with this Clause.

7. Inspection and acceptance of the Plant

7.1 The Hirer shall carry out a reasonable visual inspection of the Plant on Delivery. The Hirer shall promptly (and in any event within three (3) Working Days) notify any missing parts of the Plant and apparent damage or defects to LBRE. Unless notification to the contrary in writing is received by LBRE within three (3) Working Days of the date of Delivery, the Plant shall be deemed to have been Delivered and (where applicable) installed in good working condition, free from apparent damage or defects.

7.2 The risk of loss, theft, damage or destruction of the Plant (for reasons not immanent to the Plant) shall pass to the Hirer on the transfer of physical possession of the Plant at the Delivery Place. The Plant shall remain at the sole risk of the Hirer during the Hire Period and any further term during which the Plant is in the possession, custody or control of the Hirer (including transport to and from the Site and within the Site, and unloading/loading at the Site) until the Plant is re-Delivered to LBRE. If organized and carried out by the Hirer, the transportation of the Plant shall be in conformity with the Plant specification, LBREs operating instructions, and all other applicable laws and regulations.

8. Hirer due diligence

8.1 The Hirer shall:

• be responsible for ground conditions at the Site; If the ground is soft or unsuitable for the Plant to work on or travel over without timbers or equivalents, the Hirer shall at its own cost supply and lay suitable timbers or equivalents in a suitable position for the Plant to travel over or work on;
• obtain at its own expenses and under its own responsibility all necessary permits and authorisation from the relevant authorities for the positioning and operation of the Plant;
• proper use the Plant as well as its protection from overload and overuse;
• notify LBRE prior to commencement of the Hire Period of any use of the Plant, in particular the cooling towers, near salt water, salt spray, salt laden air or hazardous materials, or situated in an environment liable to be open to dust ingress or fine metallic substances;
• notify LBRE prior to commencement of the Hire Period of any bacteria, viruses, parasites, contaminants, corrosion, debris or other hazardous substances or materials present in the Hirer’s installation or plant;
• notify LBRE of any bacteria, viruses, parasites, contaminants, corrosion, debris or other hazardous substances or materials that are discovered in the Hirer’s temperature control system or plant during the Hire Period;
• not introduce any coolant, refrigerants, water treatment chemicals or other consumables to the temperature control system comprised of or incorporating the Plant without giving reasonable prior written notification to LBRE;
• ensure careful and proper operation, service and maintenance of the Plant, taking into account the operating instructions of LBRE and/or the manufacturer;
• immediately inform LBRE, if necessity arises for repairs and maintenance of the Plant or there is a need for carrying out service tests depending upon the hours of operation; In this context, the Hirer has to furnish information to LBRE at any time about the location of the Plant and provide access to LBRE at its own expense;
• adopt precautions and safety measures, so as to prevent the risk of unauthorized access of the Plant by third parties;
• use, if supplied by the Hirer, fuel, oil, lubricants and coolants of a grade and type specified by LBRE; at its own cost check lubricating oil and coolant levels in the Plant daily and ensure that these are kept at the level required for the proper operation of the Plant in accordance with LBREs specification.

8.2 Unless otherwise specified in the Quotation, all consumables (including fuel, oil and lubricants, coolant, refrigerants, chilled water treatment chemicals and filters) shall be supplied by LBRE. All consumables (including fuel, oil and lubricants, coolant, refrigerants, water treatment chemicals and filters) shall, when supplied by the Hirer, be of a grade and type specified by LBRE. Unless otherwise specified in the Quotation, the Party who has supplied the consumables shall be responsible for disposal of all waste including used consumables, drums and hazardous waste, in a manner that meets all applicable laws.

8.3 LBREs employees are authorised to work at height only in the presence of suitable protective measures.

8.4 The Plant is and shall at all times remain the property of LBRE and the Hirer shall have no right, title or interest in the Plant. The Hirer shall not remove or deface any plate or marking on the Plant identifying LBRE as the owner of the Plant. The Hirer shall keep the Plant free and clear of any and all diligence, distress, execution, seizure, attachment, levies, liens, security interests and encumbrances of any kind and shall give LBRE prompt notice of any of the foregoing affecting the Plant. The Hirer shall indemnify LBRE against all losses, damage, costs, charges and expenses arising as a result of failure to comply with this Clause, unless the Hirer proves that it is not responsible for the failure. No provision of the Contract may be interpreted as granting the Hirer a license to use any intellectual property rights covering or embodied in the Plant.

9. Termination

9.1 The Hirer is entitled to extraordinary cancellation upon failure to maintain the usability of the Plant (Section 543 paragraph 2, pt. 1 of the Federal Civil Code), only if a subsequent performance by LBRE fails or has been seriously and definitively refused by LBRE.

9.2 LBRE is entitled to terminate the Contract with immediate effect by serving written notice of termination on the Hirer if:

• (a) after the Contract is entered into, it becomes apparent that LBREs claim for payment is jeopardised by the inability of the Hirer to perform his contractual obligations and the Hirer has not been able to provide security to LBRE within the period notified by LBRE to the Hirer (Section 321 of the German Civil Code);
• (b) the Hirer does or causes to be done or permits or suffers any act or thing whereby LBREs rights in the Plant may be prejudiced or put into jeopardy.

9.3 Subject to Clause 9.1, either Party may terminate the Contract with immediate effect by giving written notice to the other Party if such other Party:

• (a) commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven (7) calendar days after being notified in writing to do so;
• (b) ceases to carry on business or is unable to pay its debts as they fall due for payment or its suffers any diligence, distress or execution to be used or levied against it or make or propose to make any arrangement with its creditors or being a company shall go into liquidation or has a receiver, administrator or administrative receiver appointed to the whole or any part of its assets and undertaking or does or suffers the equivalent of any of the foregoing in any other jurisdiction;
• (c) a Force Majeure Event affects the Plant and/or the performance of all or any part of LBREs services under the Contract for a continuous period of fourteen (14) calendar days.

9.4 Upon termination of the Contract, whatever the cause and the date:

• (a) LBRE may, directly or by its authorised representatives, retake possession of the Plant and for this purpose may enter the Site or any premises at which the Plant is located;
• (b) the Hirer shall pay to LBRE on demand:
  • i. all Charges and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to Clause 11.3;
  • ii. any costs and expenses incurred by LBRE in recovering the Plant.

9.5 Termination of the Contract shall not discharge either Party from any existing obligation accrued on or prior to the date of termination.

10. Delivery and return of the Plant

10.1 Unless otherwise agreed between the Parties, the Plant have to be picked up from LBRE depot and returned there. If transport of the Plant is performed by LBRE, delivery and return of the Plant take place at the risk and expense of the Hirer.

10.2 The Hirer shall be entirely responsible for the return of the Plant to LBRE on completion of the Hire Period. Such Plant shall be returned to LBRE in good working condition, fair wear and tear excepted, and in the same state as it was initially handed over (the Hirer shall be responsible for recoiling cables on drums supplied or winding them up in the boxes supplied.

10.3 If the Hirer returns any of the Plant in any other condition then the Hirer shall be liable to LBRE subject to the statutory requirements for (a) the full reasonable cost of any repairs or (b) the whole cost of replacement of such Plant if such repairs would not be practicable or economically disproportionate and (c) LBREs Hiring Charges for the Plant while the Plant is idle owing to any such repairs. Further claims for damages remain unaffected.

10.4 On expiry of the Hire Period, at the time of return of the Plant, a service engineer of LBRE will draw up and sign a return note specifying the condition of the Plant and the remaining amount of fuel. The return note must be countersigned by the Hirer, with any comments it wishes to make. In the event it is not signed by the Hirer, the return note will be sent to the Hirer who will have to respond within five (5) Working Days to LBRE if it does not agree with the content of the return note. If the Hirer does not react within five (5) Working Days, the return note prepared by LBRE shall be regarded accepted by the Hirer. LBREshall inform the Hirer within five (5) Working Days if the Hirer failed to return the Plant in good working condition (fair wear and tear excepted) or if some parts of the Plant are missing.

10.5 If the Hirer fails to return any of the Plant LBRE shall be entitled to continue to demand the agreed rent until the goods are returned completely or made available for collection (as applicable). Further claims for damages shall remain unaffected. In the event of damage to the Plant, Clause 10.3 shall apply accordingly.

11. Payment and late payment

11.1 Except if otherwise agreed in writing, LBRE shall invoice the Hirer following completion of the Hire Period, provided that where the Hire Period for any Plant exceeds four (4) weeks, LBRE shall invoice the Hirer every four (4) weeks in arrears and following completion of the Hire Period. The Hirer shall pay each invoice submitted by LBRE in full within thirty (30) calendar days of the date of the invoice.

11.2 All prices are, unless otherwise stated, in Euro and are exclusive of the VAT and any other applicable taxes, any customs, import or other duties or similar charges which shall be payable in addition by the Hirer at the rate and in the manner from time to time prescribed by law.

11.3 Upon any default of payment by the Hirer, LBRE is entitled to calculate interest from the relevant point of time, at the statutory interest rate of nine (9) per centage points above the applicable base interest rate according to Section 247 of the Federal Civil Code p.a.. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The Hirer shall pay the interest together with the overdue amount.

11.4 LBRE reserves the right of asserting further claims due to default in payment, e.g. due to a higher interest rate.

12. Liability of the Hirer

12.1 The Hirer shall be solely responsible for, and shall hold LBRE fully indemnified against any and all (a) loss or damage arising to or in connection with the Plant or as a result of the use or situation of the Plant, or from any failure on the part of the Hirer to return any of the Plant on time at the termination of the Contract or Hire Period, (b) claims by any person whatsoever for injury to person or property caused by or in connection with the use or situation of the Plant and in respect of all costs and charges in connection with it(c) costs, fines, penalties, damages, assessments and/or expenses, levied, assessed, incurred or awarded by reason of any violation of any applicable environmental laws or regulations in connection with the discharge, release and/or disposal of any hazardous materials or hazardous substances in the course of the operation, use, handling or transportation of the Plant. The obligation to indemnify does not apply if the Hirer can prove that it is not responsible for the breach.

12.2 If there is no unanimity regarding the nature and extent of the defects and/or the extent of necessary repairs and their costs, the Plant shall be examined by a certified expert authorised by LBRE. The expert shall detect the extent of defects and/or damage as well as the estimated cost of repair.

13. Insurance

13.1 The Hirer shall be responsible at its own expense for insuring the Plant and itself against all and any risks in respect of the Plant. These risks shall include, for the avoidance of doubt, theft, malicious and accidental damage, fire, flood and any risks arising from the presence or operation on or at the Site of the Plant (including legal liabilities to third parties arising from the operation of, or in connection with, the Plant). Such insurance shall be maintained from the time when the Plant is Delivered to the Delivery Place until the Plant is subsequently uplifted and shall also cover transportation where this is the responsibility of the Hirer. Any insurance monies recovered by the Hirer in respect of such risks shall, to the extent deemed necessary by LBRE, be applied as directed by LBRE.

13.2 The Hirer shall give LBRE evidence of the Hirer's insurance prior to the delivery of any part of the Plant. If the evidence of the Hirer’s insurance is not received by the agreed time for Delivery, the price of insurance obligation waiver, as defined in Clause 13.3, will be charged.

13.3 If agreed in writing with LBRE or if the evidence of the Hirer’s insurance naming LBRE as beneficiary on such insurances is not received by the agreed time for Delivery, the Hirer shall purchase LBREs insurance obligation waiver (the “IOW”). In this, the terms and conditions set out in the Appendix “Insurance Obligation Waiver” shall apply.

13.4 The Hirer shall inform LBRE immediately in case (a) of loss of or damage to the Plant and, where the possibility that any loss or damage has been caused by a third party cannot be ruled out, notify the loss or damage to the police and send a copy of the written report of that notification to LBRE without delay, (b) the Plant is involved in any accident resulting in injury to persons or damage to property. The Hirer must not make any admission, offer, promise of payment or indemnity without LBREs consent in writing.

14. Warranty

14.1 LBRE warrants to the Hirer that:

• (a) the Plant shall:
  • be free from any defects in design, workmanship and material which would affect the proper and safe operation of the Plant;
  • conform in all material respects to its specification (as made available by LBRE), be of satisfactory quality and fit for any purpose held out by LBRE; and
• (b) the Services shall be provided:
  • using reasonable care, skill and diligence;
  • by personnel who are suitably skilled and experienced to perform tasks assigned to them; and
  • in accordance with all health and safety rules and regulations and any other reasonable security requirements that apply at the Site.

14.2 LBRE shall remedy any defect in the Plant or re-perform any defective Service, which manifests itself during the Hire Period.

14.3 The warranty and obligation to remedy in Clause 14.1 shall not apply where any defect in the Plant or Service has arisen from any drawing, design or specification supplied by the Hirer, willful damage, negligence of the Hirer or its employees, subcontractors or agents, abnormal working conditions, failure to follow LBREs instructions, misuse or alteration or repair of the Plant without LBREs prior written approval or breach of any of the terms of the Contract by the Hirer.

14.4 LBRE makes no warranty about the ability of any Plant to provide a constant, uninterrupted supply. If a constant, uninterrupted supply is required, the Hirer is responsible for ensuring that there is a contingency supply in place on Site in the event that the supply from the Plant fails.

14.5 The warranty claims of the Hirer shall expire one (1) year from acceptance and/or their formation.

15. Limitation of liability

15.1 The Hirer recognises and accepts that in entering into the Contract LBRE shall rely on any statement, representation or warranty given by the Hirer to LBRE or its employees, servants or agents, including in relation to the Plant, its use (whether regarding specification, performance capability or suitability for any purpose) and location. LBRE shall not be liable to the Hirer to the extent that any breach of contract, negligence, tort or other ground for liability is due to any such statement, representation or warranty being incorrect, incomplete or misleading.

15.2 Subject to clause 15.3 each Party’s liability or the liability of its vicarious agents for the negligent violation of contractual duties which are no essential contractual obligations is excluded. Each Party’s liability and the liability of each Party’s vicarious agents for the negligent violation of essential contractual obligations is limited to those damages that are foreseeable and typical for the Contract. Essential contractual obligations are those obligations whose fulfillment shall allow the proper performance of the Contract at first and on whose compliance the contractual partner may regularly rely on.

15.3 The above-named disclaimers and limitations of liability shall not apply in the following cases:

• a Party’s liability for damages relating to injury to life, body or health;
• a Party’s liability for other damages that are due to intentional or grossly negligent breach of duty;
• a Party’s liability for fraudulent concealment of a defect or infringement of a quality guarantee; or
• a Party’s liability according to the Product Liability Act.

15.4 No Party shall have any liability for, neither for any direct nor indirect consequence of, any delay or failure on its part in carrying out any or all of, or any part of any of, its obligations under the Contract if such delay or failure is attributable to the failure of any part, component or item of the Plant caused by or occurring in connection with any Force Majeure Event.

16. Other provisions

16.1 The Hirer shall not assign the Contract or any part of it or any benefit or interest in or under it without the previous written agreement of LBRE.

16.2 For all current and future claims arising from the business relationship with the Hirer , the general and only place of jurisdiction is the location of LBRs headquarters.

16.3 The governing law of the Contract and of the relationship of the Parties thereto arising out of it shall be the laws of the Federal Republic of Germany.

16.4 All information obtained by one Party concerning the operations of the other shall be confidential and shall not be divulged to third parties either during the period of this Contract or any time after it. However, each Party may disclose the other Party’s confidential information (a) to its employees, officers, representatives, suppliers or subcontractors who need to know such information for the purposes of carrying out the Party’s obligations under the Contract, (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

16.5 No failure or delay by a Party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.6 If any provision of the Contract, including the above conditions are or become invalid, or the Contract, including the above conditions is incomplete, the legal validity of the remaining provisions remain unaffected.