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unexposed piping'. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement. D. ESCALATOR 1. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the equipment. If additional work is necessary, KONE will provide a separate proposal or recommendation for such work. 2. KONE's price and obligations underthis Agreement are subject to a technical survey to be performed within 90 -days of the effective date. If a safety hazard or code violation is identified during KONE's technical survey, Purchaser will immediately remove the unit from service until repairs are performed. Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposal. If Purchaser does not immediately approve KONE's proposal or recommendation, KONE reserves the right to terminate this Agreement without penalty. 3. Refinishing, repairing, replacing orcleaning balustrades, pits, pans; sideplate devices; decks; skirt panels; anti -slide devices; brushes; guards and damage or deterioration to skirt deflector brushes. KONE is not obligated to perform an escalator cleandown, ordo anyworkto bring the equipment in compliance with the escalator step/skirt performance index or loaded gap values required by code. Purchaser will use the escalators for the sole purpose of transporting passengers. 6.TERM AND TERMINATION A. This Agreement shall begin on the executed agreement date and shall coincide with the terms of Contract No. EV2516 Amendment No.1 Section A. Initial Term, ending November 30, 2029. B. If a party materially breaches the Agreement, the other party shall provide written notice ofthe breach and a reasonable time under the circumstances to cure the breach, but in no event less than a thirty (30) days cure period. Ifthe breaching party fails to cure the breach within the specified time period, the non - breaching party may terminate the Agreement upon fifteen (15) days written notice to the other party. c. Purchaser may, at any time upon thirty (30) days notice to KONE specifying the effective date of termination, terminate this Contract, in whole or in part. If this Contract is terminated by Purchaser, Purchaser shall be liable only for payment for services rendered before the effective date of termination. KONE shall prepare an accounting of the services performed and money spent by KONE up to the effective date of termination and shall return to Purchaser any remaining sums within thirty (30) days of such date. 8. ASSIGNMENT If Purchaser transfers ownership of the premises on which such equipment is located to a new owner, Purchaserwill promptly provide KONE with new owner's contact information and take all such actions as are necessary to assign the Agreementto the new owner. Purchaserwill promptly provide KONE with a copy of such assignment. Should the new ownerfail to assume this Agreement, Purchaser shall remain liable forall unpaid amounts, including those owed forthe balance of the current unexpired term of this Agreement. 9. TECHNICAL SURVEY KONE will perform the technical survey on the new elevator(s) and or escalator(s) within 60 days of contract effective date. If a safety hazard or code violation is identified during KONE's technical survey, Customer will immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related Kone Center Rev. OF 12/1/2017 Page 7 of 13 © 2018 KONE INC. 319