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OTIS ELEVATOR COMPANY <br />ACKNOWLEDGEMENT TO OPEN ORDER CONTRACT <br />2 <br />d)Provider agrees to provide lien waivers on Provider’s standard forms with respect to work or material for which <br />Provider has been paid for in full. <br />Article 5, Article 9: <br />It is understood that the work is to be performed for a fixed price, at the amount indicated in the Agreement. This amount <br />shall only be adjusted by properly approved change orders or written directives indicating related modifications to the scope <br />of work and/or to the terms and conditions. Any and all proposed change orders or written directives must be sent to Otis <br />for approval prior to handover of the equipment. <br />Article 7; AND Certificate of Liability Insurance: <br />Provider will supply an insurance certificate evidencing the insurance carried by Provider conditioned on the understanding <br />that it represents full compliance with all insurance requirements applying to Provider for the Work on this project. Provider <br />does not provide copies of its insurance policies, certified or otherwise, does not waive subrogation, and does not add others <br />as additional insured. All limits and values related to coverage if any is provided to Customer shall be actual values without <br />qualifying language such as “at least”, “not less than”, “no less than”, “minimum” or the like. Coverage, if any, will be on <br />an occurrence basis and in accordance with the coverage limits outlined in the Contract. Renewal certificates will be <br />provided during the term of the Contract. In lieu of naming parties as additional insured, such parties shall be named insured <br />on an Owner’s and Contractor’s Protective (OCP) Liability policy with a limit of $2,000,000. <br />If the project is covered by an Owner/Contractor Controlled Insurance Program (OCIP/CCIP), Provider agrees to participate <br />provided it is at no cost to Provider and subject to Provider’s review and express acceptance of the proposed program. In <br />such instance, OCP is waived and any obligation of Provider to add others as Additional Insured shall be for off-site <br />operations only. <br />Provider shall not be required to comply with requirements from third party compliance vendors nor shall Provider be <br />responsible for any costs associated with same. <br />Customer shall maintain “Builder’s Risk” insurance upon the full value of our Work and material delivered to the job site, <br />at no cost to Provider. <br />Article 8: <br />Provider agrees to indemnify Customer for loss, damage, or penalty (collectively “Damage”) to the extent such Damage is <br />solely caused by Provider’s negligence, willful misconduct, or material breach of the Contract, but not to the extent caused <br />by others. Provider’s duty to indemnify does not include a duty to defend during the pendency of any claim or action as <br />both parties shall defend themselves during the pendency of any claim or action. <br />Under no circumstances shall either party be liable for special, indirect, consequential or liquidated damages of any kind <br />including, but not limited to, loss of goodwill, loss of business opportunity, additional financing costs or loss of use of any <br />equipment or property. This limitation of liability applies to indemnity of third-party claims. <br />Article 10: <br />The Contract may be terminated for default only and provided that Provider is first allowed ten (10) days to commence to <br />cure the deficiency upon receipt by Provider of written notice specifying in detail the deficiency. In the event the Contract <br />is terminated through no fault of Provider, Customer agrees to pay for all material furnished, or manufactured, and labor <br />performed up to the date of termination, including a reasonable margin. <br />Article 11 (c): <br />DocuSign Envelope ID: F3A72AFB-7E67-4665-B390-1E2F05A0DE9A