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Docusign Envelope ID: 41 F63DOF-3BC8-4149-8618-1 BBEEF49D6F7
<br />subject Schindler Elevator Modernization Proposal - LSUN-D5PJUJ
<br />Page 26 of 31
<br />Date 6/4/2024
<br />8A. It is expressly understood, in consideration of the performance of the service enumerated herein at the price
<br />stated, that nothing in this agreement shall be construed to mean that Schindler assumes any liability on
<br />account of injury or damage to persons or property, except to the extent directly and solely due to the
<br />negligent acts or omissions of Schindler or its employees; and that the Purchaser's responsibility for injury
<br />or damage to persons or property while riding on or being in or about the equipment referred to is in no way
<br />affected by this Agreement.
<br />Schindler shall not be responsible or liable for any loss, damage, detention or delay caused by labor trouble,
<br />strikes, lockouts, fire, explosion, theft, lightning, windstorm, earthquake, floods, storms, epidemics,
<br />pandemics, riot, civil commotion, malicious mischief, embargoes, shortages or materials or workmen,
<br />unavailability of material from usual sources, Government priorities or requests or demands of the National
<br />Defense Program, civil or military authority, war, insurrection, failure to act on the part of the Purchaser's or
<br />Schindler's suppliers, orders or instructions of any federal, state or municipal government or any department
<br />or agency thereof, Act of God, or by any cause whatsoever beyond its reasonable control. Dates for the
<br />performance or completion of work shall be extended to the extent of such delays.
<br />8B. Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims, lawsuits,
<br />demands, judgments, damages, costs and expenses arising out of this Agreement except to the extent
<br />caused by or resulting from the established sole and direct fault of Schindler.
<br />8C. We reserve the right to modify price and schedule without penalty due to material or component shortages.
<br />8D. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the
<br />price of this Agreement. We will not be liable in any event for special, indirect, liquidated or consequential
<br />damages, which include but are not limited to loss of rents, revenues, profit, good will, or use of equipment
<br />or property, or business interruption.
<br />Schindler guarantees that the equipment furnished hereunder will comply with the foregoing specifications
<br />and if promptly notified in writing will, at our expense, correct any defects in such equipment occurring within
<br />one year from the date of completion or acceptance whichever occurs first, which are not due to ordinary
<br />wear and tear or improper use, care or maintenance. The correction of such defects constitutes the limit of
<br />our responsibility. THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
<br />OTHER THAN OF TITLE. The equipment installed under this agreement requires maintenance service,
<br />such as periodic examinations, lubrication and adjustment by competent elevator mechanics. Our
<br />guarantee is not intended to supplant this normal servicing of the equipment and it is not to be construed
<br />that we will provide free maintenance service of this type, except as may be provided under other provisions
<br />of the contract, or that we will correct, without charge, breakage, maladjustment or other troubles occurring
<br />as a result of improper or inadequate maintenance.
<br />10. We will defend any suit or proceeding brought against you so far as based on a claim that any equipment,
<br />or any part thereof, furnished under this contract constitutes an infringement of any patent of the United
<br />States, provided that such equipment or part is not supplied according to your design, and it is used as sold
<br />by us, if notified promptly in writing and given authority, information and assistance (at our expense) for the
<br />defense of same, and we shall pay` all damages and costs awarded therein against you. In case said
<br />equipment or any part thereof is in such suit held to constitute infringement and the use of said equipment
<br />or part is enjoined, we shall at our own expense either: procure for you the right to continue using said
<br />equipment or part; or replace same with non -infringing equipment; or modify it so it becomes non -infringing;
<br />or remove said equipment and refund the purchase price and the transportation and installation costs
<br />thereof. The foregoing states our entire liability for patent infringement by said equipment or any part
<br />thereof.
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