2021-345-AMS-E-Otis Elevator-Justice Facility provide labor and permit for the card reader installed elevator

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OTIS ELEVATOR COMPANY ACKNOWLEDGEMENT TO OPEN ORDER CONTRACT 3 The materials and components that comprise Provider’s' products are procured from a variety of sources located throughout the world, which allows us to provide Provider’s customers with high quality equipment at competitive prices, but limits Provider’s ability to meet certain percentages of M/W/DBE set aside goals. Provider is committed to achieving diversity within Provider’s workforce and in Provider’s supply base, however, Provider cannot commit to specific set aside targets in the Contract. Article 11 (d): Provider will not be bound by arbitration, but will always consider alternative dispute forms. Article 11 (g): All software supplied with Customer’s elevator or escalator equipment is licensed to Customer or Customer’s successors but only for use with, and for the operation of the subject elevator or escalator equipment. Use of such software for any other purpose is prohibited. Work for Hire provision(s), if any, shall apply only to the extent the information, services, goods, or other items referenced in such provision(s) are specifically developed by the Provider solely for Customer’s exclusive use only (and no other Customer of the Provider) and Customer was expressly contemplated to be the exclusive owner of such information under a separate written agreement. Provider will supply an owner’s manual with instructions on how to operate and maintain the elevator or escalator equipment. Provider will not supply any additional information such as internal, confidential, or proprietary information of Provider including internal manuals, manufacturing drawings, or source code. Any counters, meters, tools, remote monitoring devices, communication devices, resident software or other service equipment (“Provider Peripherals”) which Provider may use or install to deliver service under this Contract remains Provider’s property, solely for the use of Provider’s employees. Provider Peripherals are not considered as part of the elevator or escalator equipment. If this Contract or subsequent maintenance service is terminated for any reason, Provider shall be given access to the premises to remove the Provider Peripherals at Provider’s expense. Provider shall only be required to follow its own cyber security policies and procedures. Article 12 (New Article): Provider shall not be liable for any loss, damage or delay nor be found to be in default or breach due to any cause beyond it’s reasonable control including, but not limited to, acts of God or nature; fire; explosion; theft; floods; water; weather; traffic conditions; epidemic, pandemic, quarantine or other local, state, or federal government action in response thereto; sabotage; national emergency; act of terrorism; earthquake; riot; civil commotion; war; vandalism; national or local labor strikes, lockouts, other labor disputes; misuse, abuse, neglect, mischief, or work by others (collectively “Causes Beyond Provider’s Reasonable Control”). Provider shall be allowed a reasonable amount of additional time for the performance of the Work due to Causes Beyond Provider’s Reasonable Control. Provider’s ability to maintain scheduled job progress is further conditioned upon the timely furnishing to Provider by Customer of completed and code compliant hoistway(s) (wellways) and machine rooms, necessary approvals and power of proper characteristics for Provider’s uninterrupted use. Article 13 (New Article): Provider’s warranty only covers defective material and workmanship for a period that shall not extend longer than 1 year from the date of completion of each elevator or escalator equipment or acceptance thereof by beneficial use, whichever is the earlier, of each elevator or escalator equipment. Provider’s duty and Customer’s remedy under this warranty are limited to Provider correcting a covered defect that Customer reports to Provider within the warranty period which, at Provider’s option, Provider will repair or replace, provided all payments due under the terms of the Contract have been made in full. This warranty excludes ordinary wear and tear and any damage due to Causes Beyond Provider’s Reasonable Control. THIS EXPRESS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASBESTOS DocuSign Envelope ID: F3A72AFB-7E67-4665-B390-1E2F05A0DE9A