Orange County NC Website
Browse       Search
DocuSign Envelope ID: E2377815-D922-4567-91C8-D342867F1906 <br /> 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 agrees <br /> to be responsible for such abatement, encapsulation or removal, and any governmental <br /> reporting,and in such event Contractor shall be entitled to delay its work until it is reasonably <br /> 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 but <br /> only for use with, and for the operation of this elevator. Use of such software for any other <br /> purpose is prohibited. Contractor will supply an Owner's manual with instructions on how <br /> to operate and maintain this elevator. Contractor will not supply any additional information <br /> such as internal Otis manuals,manufacturing drawings or source code.Any counters,meters, <br /> tools,remote monitoring devices, communication devices,resident software or other service <br /> equipment ("Otis Peripherals") which we may use or install to deliver service under this <br /> Contract remains our property, solely for the use of Contractor's employees. Otis Peripherals <br /> are not considered as part of the elevator. If this contract or subsequent maintenance service <br /> is terminated for any reason, Contractor will be given access to the premises to remove the <br /> Otis Peripherals at Contractor's expense. <br /> u. Contractor supports Owner's efforts in attempting to maintain a safe,healthy and productive <br /> working environment; however, Contractor cannot agree to authorize any party to search <br /> Contractor's employees or require Contractor's employees to submit to any tests. Contractor <br /> will take appropriate action in the event that Owner advises Contractor of any action by any <br /> of the Contractor's employees that is contrary to the maintenance of a safe, healthy and <br /> 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. standards <br /> and the final unit is assembled in the United States. <br /> w. All schedules, start dates, durations, completion dates and schedule revisions shall be agreed <br /> 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 />