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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 in the
<br />Work required due to building conditions discovered in the performance of the Work will be paid by
<br />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 any
<br />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, civil
<br />commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material
<br />from usual sources, government priorities or requests or demands of the National Defense Program, civil
<br />or military authority, war, insurrection, failure to act on the part of either party's suppliers or
<br />Subcontractors, orders or instructions of any federal, state, or municipal government or any department or
<br />agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates
<br />for the performance or completion of the work shall be extended by such delay of the time as may be
<br />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 one
<br />year from the date of final acceptance, which are not due to ordinary wear and tear or to improper use,
<br />care and maintenance. The correction of such defects constitutes the limit of the responsibility. THERE
<br />ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, OTHER THAN OF
<br />TITLE. The equipment installed under this agreement requires maintenance service, such as periodic
<br />examinations, lubrication and adjustment made by competent elevator mechanics. This guarantee is not
<br />intended to supplant this normal servicing of the equipment and it is not to be construed that Schindler will
<br />provide free maintenance service of this type, except as may be provided under other provisions of the
<br />contract, or that Schindler will correct, without charge, breakage, maladjustment or other troubles
<br />occurring as a result of improper or 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 the
<br />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 limited to,
<br />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 Schindler
<br />Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is
<br />terminated.
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<br />BM I E-7Z6KCV
<br />2009.4
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