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5. Floor to Floor Performance Time: Floor to floor performance time (from time
<br />doors starts closing at one floor to fully opened and level on next successive
<br />typical floor, regardless of loading conditions or direction level).
<br />In accomplishing the above requirements, Contractor shall maintain a comfortable
<br />elevator ride with smooth acceleration, retardation and a soft stop. Door operation shall
<br />be quiet and positive with smooth checking at the extremes of travel.
<br />MAINTENANCE PROCEDURES
<br />The scheduling, frequency, and performance of the maintenance service procedures
<br />specified above shall be carried out in accordance with the manufacturer's established
<br />procedures.
<br />The contract shall constitute the entire agreement between the parties and all prior
<br />representations and agreements, whether written or oral, are merged herein.
<br />The Contractor does not assume possession, management, or control of any part of the
<br />equipment. The Contractor shall not, in any event, be responsible for or liable for any
<br />loss or damage resulting from the overloading and/or misleading of elevator, escalator,
<br />or other device covered by this contract and its rated capacity or operation of said
<br />equipment, orfor any loss, damage, detention, delay, orfor any failure to perform resulting
<br />from accidents, strikes, lock -outs, fire, explosions, water, flood, wind, malicious mischief,
<br />war, acts of civil or military authority, insurrection, riot act of God, or any consequential
<br />damage.
<br />The City agrees (except during periods of the inspection and work required by the terms
<br />of this contract, when and if the Company's employees actually take charge of the
<br />equipment), the control over, the management, observation, and operation of the
<br />equipment is and remains the full and sole responsibility of the City. The City shall
<br />immediately shut down any equipment from service when it appears to the City to be
<br />unsafe or operating in a manner which might cause injury to anyone using said
<br />equipment; and will give the Contractor written notice within a reasonable period of time
<br />of any accident, alteration, or change affecting the equipment covered by this contract.
<br />The contract shall be binding upon the heirs, personal representatives, successors, and
<br />permitted assigns of the parties hereto.
<br />The Agreement shall become a valid and binding contract only when accepted and signed
<br />by the City representative; and subsequently approved and signed by an Officer of the
<br />Contractor. This contract shall not be changed, modified, or terminated and none of its
<br />terms or conditions shall be waived orally, but only in writing, signed by the City and by
<br />an officer of the Contractor. A waiver at any time of the terms and conditions of this
<br />contract shall not be considered a modification, cancellation, or waiver of such terms and
<br />conditions.
<br />25C-16
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