OTIS ELEVATOR COMPANY 2 - 2007 - Laserfiche WebLink

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12/11/2005 10:57 5475421 PAGE 17/30 Specifications for the Police Administration Bui]diTlg & Holding Facility The Owner agrees (except during periods of the inspection and work required by the terrns of this con1:lact, when and if the Company's employees actually take charge ofthe equipment), the control over, the management, observation, and operation ofthe equipment is and remains the ful1 and sole responsibility of the Owner. The Owner shall . immediately shut down and remove any equipment from sewica when it appears to the owner to be \llJsa~" or operating in a manner which might cause ~ury to anyone using said equipment; and they will givc the Contractor written notice within a reasonable period oftime of any accident, alteration, or change affecting the equipment covered by this contract. The contract shall be binding upon the heirs, personal representatives, successors, al1d permitted assigns of the parties Itereto. The Agreement shall become a valid and binding contract only when accepted and signed by Owner; whcn subsequently approved and signed by an Officer of the Contractor. This contract shall not ibe changed, modified, or terminated and none of its terms or conditions shall be waived orally, but only in writing, signed by the Owner and by an officer of the Contractor. A waiver at any time of the terms and conditions of this contract shall not be considered a modification, cancellation, or waiver of such terms and conditions. The Contractor agrees to protect its employees by carrying Workmen's Compensation lnsarance and Public Liability Insurance. Contractor further ag('ees to carry Property Damage, Automobile Public Liability, and Automobile Property Damage Insurance in amounts suflicielllt to provide the degree ofprotectiou for Contractor required by prudent businessmen e.ngaged in similar operations of the size and scope set out herein. Contractor further agrees to protect., indemnify and save Owner harmless from and against all claims, demands, and causes of action of every kind and charactcr arising in favor ofContractc,r's employees, employees of the Owner or second parties on aCCount of personal injuries, .leath, or damage to property in any way resulting from willful or sole negligent acts 01' omissions of Contractor, CootractO!'agerit!l, employed, representlltiva&, or subcontractors. Contractor shall be responsible for all damage and loss sustained by Contractor to Contractor" tools and equipment utilized in the performance of all work hereunder,' , The Contractor,ifso required, shall cooperate ill thc defense of suits brought jointly . againSt the Owner based npon accidents involving the' equipment included in thili . contract. 160f29