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m Signature
<br />Service
<br />LIMITATION ON DAMAGES
<br />Other than as specifically set forth above, under no circumstances (including third party claims) will either
<br />party be liable for any indirect, special, liquidated, or consequential damages of any kind, including, but
<br />not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity,
<br />additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or
<br />otherwise.
<br />INDEMNITY
<br />Otis shall indemnify you for damages related to accidents and injuries to persons or property only when
<br />adjudged to have been caused by Otis' sole negligence or willful misconduct. In all other instances, you
<br />shall defend, indemnify, and hold Otis harmless against all, damages, losses, costs, and expenses (including
<br />reasonable legal fees) in connection with any claims, demands, suits or proceedings made or brought
<br />against Otis arising out of or connected with the use, repair, maintenance, operation or condition of the
<br />Units or your obligations under, or material breach of, this Contract.
<br />INSURANCE
<br />Otis agrees to maintain the following insurance throughout the term of the Contract: General Liability
<br />coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate; Automobile
<br />Liability in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage; Worker's
<br />Compensation in accordance with applicable statutory requirements, and Employer's Liability for: (i)
<br />bodily injury by each accident, up to the $1,000,000 applicable annual limit per insured, (ii) bodily injury by
<br />disease, each employee up to the $1,000,000 applicable annual limit per insured. We shall maintain
<br />worker's compensation and employers' liability insurance covering our liability for injury or death sustained
<br />by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance
<br />upon the full value of the Work and material delivered to the job site is maintained at no cost to us. Otis
<br />does not participate in SDI programs.
<br />Customer must provide Otis at least 30 days advance notice of certificate holder changes required. Your
<br />failure to provide this required notice does not release your obligations to make timely payment under this
<br />agreement in accordance with the payment terms.
<br />CERTIFICATES
<br />If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance
<br />evidencing the above insurance coverages.
<br />THIRD PARTIES
<br />We are not obligated to comply or contract with any 3rd party vendors or execute vendor forms not in
<br />alignment with our contract terms. While we are not obligated, to the extent that we agree to work with
<br />the third party vendor, it will be for administrative purposes only and any costs associated will be passed
<br />through to customer. In the event of a conflict between the terms and conditions of this agreement and
<br />vendor agreement, this document will prevail.
<br />CONFIDENTIALITY
<br />Customer shall not disclose to any third party the terms of this Contract except as required by law or as
<br />necessary for the purposes of obtaining professional legal or accounting advice. This confidentiality
<br />provision is an integral part of this Contract and is a material condition upon which this Contract is based
<br />and shall survive the termination of this Contract.
<br />ENTIRE CONTRACT
<br />This Contract constitutes the entire and exclusive agreement between us for the services to be provided
<br />and your authorization to perform as outlined herein. Except as otherwise expressly stated herein, all prior or
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