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TERMS AND CONDITIONS
<br />1. Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes
<br />in the Work required due to building conditions discovered in the performance of the Work will be paid
<br />by Purchaser.
<br />2. No work, service materials or equipment other than as specified hereunder is included or intended.
<br />3. Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this
<br />Agreement.
<br />4. Schindler will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in
<br />any event for special, indirect, consequential or liquidated damages.
<br />5. Any cutting and patching is by others and not included in this work.
<br />6. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or
<br />disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot,
<br />civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of
<br />material from usual sources, government priorities or requests or demands of the National Defense
<br />Program, civil or military authority, war, insurrection, failure to act on the part of either party's
<br />suppliers or Subcontractors, orders or instructions of any federal, state, or municipal government or
<br />any department or agency thereof, acts of God, or by any other cause beyond the reasonable control
<br />of either party. Dates for the performance or completion of the work shall be extended by such delay
<br />of the time as may be reasonably necessary to compensate for the delay.
<br />7. Schindler guarantees that the equipment will comply with the foregoing specifications and if promptly
<br />notified in writing will, at Schindler's expense, correct any defects in such equipment occurring within
<br />one year from the date of final acceptance, which are not due to ordinary wear and tear or to
<br />improper use, care and maintenance. The correction of such defects constitutes the limit of the
<br />responsibility. THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR
<br />IMPLIED, OTHER THAN OF TITLE. The equipment installed under this agreement requires
<br />maintenance service, such as periodic examinations, lubrication and adjustment made by competent
<br />elevator mechanics. This guarantee is not intended to supplant this normal servicing of the
<br />equipment and it is not to be construed that Schindler will provide free maintenance service of this
<br />type, except as may be provided under other provisions of the contract, or that Schindler will correct,
<br />without charge, breakage, maladjustment or other troubles occurring as a result of improper or
<br />inadequate maintenance.
<br />8. Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims,
<br />lawsuits, demands, judgments, damages, costs and expenses arising out of this Agreement except to
<br />the extent caused by or resulting from the sole and direct fault of Schindler.
<br />9. Any proprietary material, information, data or devices contained in the equipment or work provided
<br />hereunder, or any component or feature thereof, remains our property. This includes, but is not
<br />limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this
<br />building/premises/ equipment only), modems, source/ access/ object codes, passwords and the
<br />Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if
<br />the Agreement is terminated.
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