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�J <br />CITY OF SANTA ANA <br />N. CONTRACTURAL OBLIGATIONS <br />1. 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 />2. The Contractor does not assume possession, management, or control of any part of the <br />equipment. <br />3. The Contractor shall not, in any event, be responsible for or liable for any loss or damage resulting <br />from: <br />a. The overloading and/or misleading of elevator, escalator, or other device covered by this <br />contract and its rated capacity or operation of said equipment, or <br />b. For any loss, damage, detention, delay, or for any failure to perform resulting from: <br />i. Accidents, <br />ii. Strikes, <br />iii. Lock -outs, <br />iv. Fire, <br />v. Explosions, <br />vi. Water, <br />vii. Flood, <br />viii. Wind, <br />ix. Malicious mischief, <br />x. War, <br />A. Acts of civil or military authority, <br />xii. Insurrection, <br />xiii. Riot, <br />xiv. Act of God, or <br />xv. Any consequential damage. <br />4. The City agrees (except during periods of the inspection and work required by the terms of this <br />contract, when and if the Company's employees actually take charge of the equipment), the <br />control over, the management, observation, and operation of the equipment is and remains the <br />full and sole responsibility of the City. <br />5. The City shall immediately shut down any equipment from service when it appears to the City to <br />be unsafe or operating in a manner which might cause injury to anyone using said equipment; <br />and will give the Contractor written notice within a reasonable period of time of any accident, <br />alteration, or change affecting the equipment covered by this contract. <br />6. The contract shall be binding upon the heirs, personal representatives, successors, and permitted <br />assigns of the parties hereto. <br />7. The Agreement shall become a valid and binding contract only when accepted and signed by the <br />City representative; and subsequently approved and signed by an Officer of the Contractor. <br />8. This contract shall not be changed, modified, or terminated and none of its terms or conditions <br />shall be waived orally, but only in writing, signed by the City and by an officer of the Contractor. <br />a. A waiver at any time of the terms and conditions of this contract shall not be considered a <br />modification, cancellation, or waiver of such terms and conditions. <br />City of Santa Ana RFP No. 25-007A Page 28 of 102 <br />