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DocuSign Envelope ID: E2377815-D922-4567-9lC8-D342867F1906
<br /> sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon
<br /> the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires,
<br /> in writing,the other parry shall furnish certificates of insurance evidencing the above insurance coverages.
<br /> Notwithstanding any other agreement or provision to the contrary,under no circumstances will either party be liable for
<br /> any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of
<br /> profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any
<br /> equipment or property,whether in contract,tort,warranty or otherwise.
<br /> You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are
<br /> located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work
<br /> place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws
<br /> and regulations,and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits.
<br /> We shall not be obliged to perform until such unsafe condition has been remedied.
<br /> If any Unit is malfunctioning or is in a dangerous condition,you agree to notify us as soon as possible using the 24-hour
<br /> OTISLINE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary
<br /> precautions to prevent access or use.
<br /> You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s)
<br /> and/or escalator(s)to us and if required by law,to any local authorities. You further agree to preserve replaced parts.
<br /> Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary
<br /> measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent
<br /> property damage are not damaged. When stationary,escalators are to be properly barricaded and not to be used as steps.
<br /> You agree to properly post,maintain, and preserve any and all instructions or warnings to passengers in connection with
<br /> the use of any Units.
<br /> In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive,
<br /> except for a medical emergency situation where it may be appropriate to summon a professional first responder such as
<br /> police or firemen. Customer agrees that its agents,contractors,employees or representatives shall not attempt to extricate
<br /> any passengers from an elevator that becomes stalled within the hoistway.
<br /> Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems,
<br /> adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees
<br /> Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God,
<br /> misuse,or vandalism.
<br /> If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated
<br /> damages,and not as a penalty,one-half(50%)of the remaining amount due under this Agreement.
<br /> Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement
<br /> will take precedence over those of the purchase order.
<br /> We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure,
<br /> false alarms, interruption of telephone service, or"no voice calls", i.e. calls from inside the equipment to Otisline where
<br /> there is no verbal response to the Otisline operator.
<br /> ALTERATIONS
<br /> You will not allow others to make alterations,additions,adjustments,or repairs to the equipment.
<br /> SPECIAL PROVISIONS
<br /> Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in
<br /> the event of conflict:
<br /> ©OTIS ELEVATOR COMPANY,2011 All Rights Reserved LiNX Form MNT-OM(01/30/13)Proposal#:A0I597
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