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agrees to pay for said inspections. <br />r. Contractor accepts the Owner’s right to assign this Contract, but only with Contractor’s <br />written approval, which will not be unreasonably withheld. <br />s. Owner agrees to notify Contractor if Owner becomes aware prior to the completion of the <br />work of the existence of asbestos or other hazardous material in any elevator hoistway, <br />machine room, hallway or other place in the building where Contractor’s personnel are or <br />may be required to perform their work. In the event it should become necessary to abate, <br />encapsulate, or remove asbestos or other hazardous material from the building, Owner <br />agrees to be responsible for such abatement, encapsulation or removal, and any <br />governmental reporting, and in such event Contractor shall be entitled to delay its work <br />until it is reasonably determined to Contractor’s satisfaction that no hazard exists. <br />t. All software supplied with Owner’s elevator is licensed to Owner or Owner’s successors <br />but only for use with, and for the operation of this elevator. Use of such software for any <br />other purpose is prohibited. Contractor will supply an Owner’s manual with instructions on <br />how to operate and maintain this elevator. Contractor will not supply any additional <br />information such as internal Otis manuals, manufacturing drawings or source code. Any <br />counters, meters, tools, remote monitoring devices, communication devices, resident <br />software or other service equipment (“Otis Peripherals”) which we may use or install to <br />deliver service under this Contract remains our property, solely for the use of Contractor’s <br />employees. Otis Peripherals are not considered as part of the elevator. If this contract or <br />subsequent maintenance service is terminated for any reason, Contractor will be given <br />access to the premises to remove the Otis Peripherals at Contractor’s expense. <br />u. Contractor supports Owner’s efforts in attempting to maintain a safe, healthy and <br />productive working environment; however, Contractor cannot agree to authorize any party <br />to search Contractor’s employees or require Contractor’s employees to submit to any tests. <br />Contractor will take appropriate action in the event that Owner advises Contractor of any <br />action by any of the Contractor’s employees that is contrary to the maintenance of a safe, <br />healthy and productive workplace. <br />v. The equipment that Contractor will provide under this order is produced from components <br />procured from a variety of sources located throughout the world. Therefore, Contractor <br />cannot confirm compliance with the Buy American Act (or applicable Domestic Sourcing <br />Act). However, these components are selected or designed to meet applicable U.S. <br />standards and the final unit is assembled in the United States. <br />w. All schedules, start dates, durations, completion dates and schedule revisions shall be <br />agreed to in writing by both parties before becoming effective. <br />12. CONSEQUENTIAL AND LIQUIDATED DAMAGES <br />a. Owner and Contractor mutually waive any claim against each other for consequential <br />damages. Consequential Damages include: <br />i. Damages incurred by Owner for loss of use, income, financing, or business. <br />ii. Damages incurred by Contractor for office expenses, including personnel, loss of <br />Revised 12/18 8 <br />DocuSign Envelope ID: 47D12065-7220-4277-A47F-FC1DAC0CA54F