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DocuSign Envelope ID: E2377815-D922-4567-9lC8-D342867F1906
<br /> compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer
<br /> of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee.
<br /> NON-OTIS SOFTWARE
<br /> You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one
<br /> backup or archival copy for you.
<br /> SERVICE TOOLS
<br /> You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment.
<br /> These tools must be provided prior to us beginning maintenance on such equipment.
<br /> THE UNITS
<br /> It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and
<br /> operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any
<br /> federal,state,or local law,Code,ordinance or regulation.
<br /> CLARIFICATIONS
<br /> This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum
<br /> chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail
<br /> alignment,hoistway enclosures,hoistway gates,hoistway inserts and brackets,mainline disconnect switches,doors,door
<br /> frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers,
<br /> buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation
<br /> to provide service under this Contract,you agree to permit us to train our personnel on the Units. This Contract does not
<br /> cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively
<br /> dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors,
<br /> smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection
<br /> with use by passengers. Calls for repairs that fall outside of the scope of this contract will incur charges for travel time,
<br /> plus vehicle surcharges and expenses.
<br /> We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any
<br /> replacements with parts of a different design or type; (iii)to make any changes in the existing design of the Units; (iv)to
<br /> alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental
<br /> authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to
<br /> testing of the Units or buried or unexposed hydraulic cylinders or piping and(vi)to replace or repair any component or
<br /> system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured
<br /> by the original equipment manufacturers, or parts where the original item has been replaced by an item of different
<br /> design or is replaceable only by fabrication; (vii)to provide reconditioned or used parts; (viii)to make any replacements,
<br /> renewals, or repairs necessitated by reason of any cause beyond our control including,but not limited to, fire,explosion,
<br /> theft,floods,water,weather,earthquake,vandalism,misuse,abuse,mischief,or repairs by others.
<br /> You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this
<br /> Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this
<br /> Contract,Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by
<br /> providing thirty(30)days written notice.
<br /> Should you require us to interface with a third party work order,insurance or safety systems,Otis will add an appropriate
<br /> fee to cover the additional cost associated with this service.
<br /> Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including,but
<br /> not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather,
<br /> earthquake,riot,civil commotion,war,vandalism,misuse,abuse,mischief,or acts of God.
<br /> We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by
<br /> the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify,
<br /> defend and hold us harmless against all claims, damages, losses, costs, and expenses(including attorney's fees and other
<br /> litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment.
<br /> We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death
<br /> ©OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:A0I597
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