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<br />CLARIFICATIONS
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<br />We will not be required: (i) to make any tests other than that as specifically set forth herein, (ii) to make any
<br />replacements with parts ofa different design or type, (iii) to make any changes in the existing design of the Units, (iv) to
<br />alter, update, modernize or install new attachments to any Units, whether or not recommended or directed by insurance
<br />companies or by governmental authorities, (v) to make repairs or replacements necessitated by failures detected during
<br />or due to testing of escalators or buried.or unexposed hydraulic cylinders or piping, Without affecting our obligation to
<br />provide service under this Contract, you agree to permit us to train our personnel on the Units. We will not be required
<br />to make any replacements, renewals, or repairs necessitated by any reason including, but not limited to, ordinary wear
<br />and tear, fire, explosion, theft, floods, water, weather, earthquake, obsolete or discontinued parts, vandalism, misuse,
<br />abuse, mischief, or repairs by others.
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<br />We will not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not
<br />limited to, acts of government, labor disputes, strikes, lockouts, fire, explosion, theft, floods, water, weather, earthquake,
<br />riot, civil commotion, war, commercial unavailability of parts, vandalism, misuse, abuse, mischief, or acts of God.
<br />
<br />To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend us from any claims, damages,
<br />losses, costs, and expenses (including attorneys' fees and other litigation costs) which arise in connection with the
<br />equipment covered by this Contract, except for our sole neg1 igence.
<br />
<br />Notwithstanding any other agreement or provision to the contrary, under no circumstances will we be liable for any
<br />indirect, special or consequential damages of any kind including, but not limited to, fines or penalties, loss of profits, loss
<br />of rents, loss of good will, loss of business opportunity, additional financing costs, or loss of use of any equipment or
<br />property, whether in contract, tort, warranty or otherwise.
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<br />SPECIAL PROVISIONS
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<br />CONTRACT PRICE AND TERM
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<br />CONTRACT PRICE
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<br />Forty and 00/100 Dollars ($40.00) per month
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<br />PRICE ADJUSTMENT
<br />The Contract Price will be adjusted annually to reflect increases or decreases in material and labor costs.
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<br />The original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly
<br />labor cost for the price adjustment month compared with such straight time hourly labor cost on 1/1/2006 whicb
<br />was $54.296. The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus
<br />the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained,
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<br />TERM
<br />The Commencement Date will be January 1, 2006. The Term of this Contract will be for one (I) year beginning
<br />on the Commencement Date, The Contract will automatically be renewed at each anniversary for an additional
<br />one (1) year term unless terminated by either party by giving written notice to the other party at least ninety (90) days
<br />prior to the end of the then current one (1) year term.
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<br />PAYMENTS
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<br />Payments will be made on a annual basis, due on or before the last day of the month prior to the billing period, beginning
<br />on the Commencement Date.
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<br />The method of payment will be by check,
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<br />The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law, In
<br />addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in
<br />connection with the performance of the work described.
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<br />You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the
<br />highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all
<br />costs (including, but not limited to, attomeys' fees) incurred by us to collect overdue amounts.
<br />
<br />o OTIS ELEVATOR COMPANY, 1995
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<br />All Rights Reserved
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<br />IMI'ACTForm MNT.LS (11104) Proposal# CAO 11606 Page 4 of 5
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