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<br />9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or <br />any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, <br />software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ <br />object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and <br />remove if the Agreement is terminated. <br />10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line if applicable, <br />by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards <br />or settlements ("claims") arising from the use or misuse of SRM, if it or any portion of it has been modified, tampered with, <br />misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or <br />other such SRM output, nor for claims arising from acts or omissions of others in connection with SRM or from interruptions <br />of telephone service to SRM regardless of cause. You agree that you will defend, indemnify and hold us harmless from and <br />against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the <br />Equipment, unless caused directly and solely by our established fault. <br />11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this <br />Agreement will take precedence over those of the purchase order. <br />12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. <br />You agree to accept in full satisfaction of the insurance requirements for this Agreement, our standard Certificate of <br />Insurance. We will not name additional insureds. Limits of liability as follows: <br />(a) Workers' Compensation -Equal to or in excess of limits of Workers' Compensation laws in all states and the <br />District of Columbia. <br />(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence, <br />ProductsfCompleted Ops Aggregate $5,000,000. <br />(c) Auto Liability - $5,000,000 CSL. <br />(d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit. <br />Page 9 of 9 <br />GPEY-8D2QZL <br />2011.2 <br />