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DocuSign Envelope ID: E2377815-D922-4567-91C8-D342867F1906 <br /> a. Contractor shall charge the Owner at an hourly rate for services to be performed, plus the <br /> costs of any materials and shall charge by invoice, which shall be subject to approval and audit by Orange <br /> County,NC, staff as designated. <br /> b. Contractor agrees to abide by Owner's safety policy as long as said policy is not in conflict <br /> with Contractor's safety policy(ies) or Contractor's agreement with the International Union <br /> of Elevator Constructors (IUEC). <br /> c. Owner agrees to provide Contractor with unrestricted ready and safe access to all areas of <br /> the building in which any Work is performed and keep all machine rooms and pit areas free <br /> from water, stored materials and excessive debris, waste or hazardous materials. <br /> d. If Owner is aware of any elevator or escalator malfunctioning or in a dangerous condition, <br /> Customer agrees to immediately notify Contractor using the 24-hour OTISLINE service. <br /> Until such condition is corrected, Owner agrees to keep the elevator or escalator removed <br /> from operation and take all reasonable steps to prevent unauthorized access or use. Further, <br /> Owner shall be responsible for posting warnings in connection with such units. <br /> e. In the interest of safety, Owner will not allow others to do any alterations, additions, <br /> adjustments, or repairs to the equipment that is being maintained by the Contractor during <br /> the term of the Contract. To the extent that Owner intends to have others furnish labor, <br /> service, or materials that are outside the scope of Work that Contractor is providing to Owner <br /> pursuant to the Contract, prior to any such out of scope work by others Owner shall give <br /> Contractor reasonable prior notice in writing,or any such intended out of scope work. If any <br /> out of scope work performed by other renders any equipment or area in Contractor's opinion, <br /> unsafe (hereinafter "Unsafe Condition") then Owner agrees Contractor is excused, without <br /> default or penalty until such Unsafe Condition is corrected at no cost to Contractor. <br /> f. Contractor agrees to the Owner's right to inspect and reject Contractor's work. If any work <br /> is rejected, Contractor must be allowed a reasonable time, upon receipt of prior written <br /> notice, in order to remove the deficiency. <br /> g. All schedules, start dates,completion dates,durations, and schedule revisions shall be agreed <br /> to in writing by both parties before becoming effective. The parties acknowledge that time <br /> is of the essence in performing services under this contract and that all work shall be <br /> completed within ten (10) business days after a Notice to Proceed unless otherwise agreed <br /> to by the parties. <br /> h. Contractor does not agree to any termination/suspension for convenience by the Owner. The <br /> Owner, however, by written notice to the Contractor, terminate this Contract if Contractor <br /> fails to perform any of its material obligations hereunder and does not commence to cure <br /> such failure within thirty(30) days after receipt of written notice from the Owner specifying <br /> in detail such failure. <br /> i. In the event portions of the building or certain buildings are permanently closed and as a <br /> result of this closure elevators or escalators ("Units")is/are removed from service the Unit(s) <br /> will be deemed suspended from maintenance service. The amount of the payments allocable <br /> to the Unit(s) removed from service shall be prorated for the period the Unit(s) are out of <br /> service. The remaining Unit(s) shall remain under the terms of the Maintenance Contract. <br /> Owner agrees to provide Owner with at least thirty(30)days prior written notice in the event <br /> of such closure and suspension. <br />