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2. KONE agrees to maintain the existing performance as designed and installed. KONE is not required <br />underthis Agreementto make changes in operation and/or control, subsequent to the date of this <br />Agreement. <br />3. Notwithstanding anything contained to the contrary within this Agreement, KONE's work shall not <br />include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos <br />containing materials (PACM), or other hazardous materials (i.e. lead, PCBs) (collectively "HazMat"). <br />Any work in the affected area where reasonable precautions will be inadequateto prevent <br />foreseeable bodily injury or death to persons resulting fromthe HazMat is excluded from KONE's scope <br />of work without an applicable change order to reflect the additional costs and time. In accordance <br />with OSHA requirements, Purchaser shall inform KONE and its employees who will perform work <br />activities in areas which contain HazMat of the presence and location of HazMat in such areas which <br />may be contacted during work before entering the area. Otherthan as expressly disclosed in writing, <br />Purchaser warrants that KONE's work area at all times meets applicable OSHA permissible exposure <br />limits (PELs). KONE shall have the rightto discontinue its work in any location where suspected <br />HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, <br />required in order for KONE to perform its work shall be Purchaser's sole responsibility and expense. <br />After any removal or abatement, Purchaser shall provide documentation that the HazMat has been <br />abated from the KONE work area and air clearance reports shall be made available upon request prior <br />to the start of KONE's work. <br />a. Nothing contained within this agreement shall be construed or interpreted as requiring KONEto <br />assume the status of an owner, operator, generator, storer, transporter, treater or d isposal facility as <br />those terms appear within RCRA or any Federal or State statute or regulation governing the generation, <br />transportation, treatment, storage and disposal of pollutants. Purchasershall be responsible to execute <br />all waste manifests necessary to transport hazardous materials for disposal. <br />B. OBSOLESCENCE <br />1. Component may become obsolete during the term of this Agreement. Obsolete components are <br />not covered under this Agreement. KONEwill provide Purchaserwith a separate quotation forthe <br />priceto replace obsolete components. Equipment modifications necessary to accommodate <br />replacement of obsolete components are at the Purchaser's expense. <br />2. Components include without limitation any part, component, assembly, product, orfirmware orsoftware <br />module. A component is obsolete when itcan no longer be economically produced due to the cessation <br />of consistent sources for materials, a loss or termination of manufacturing process occurs, product <br />reliability analysis shows that it is not economically feasible to continue to produce the component, <br />escalation of component costs beyond acceptable industry expectations drive alternative equipment <br />upgrades, the supportof product safety programs or conformance to codes or standards mandates that <br />use of a component be discontinued in its entirety, the OEM designates the component as obsolete, or <br />such component has been installed 20 or more years. No exception to the above will be made for a <br />component designated as obsolete because it can be custom made or acquired at any price. KONE <br />will not be required to furnish reconditioned or used components. Afterthe component that replaces the <br />obsolete component is installed, that component is covered under this Agreement unless it becomes <br />obsolete. <br />c. ELEVATOR <br />1. Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull <br />straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; <br />power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and <br />attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; phone lines; music <br />systems; media displays; card -readers or other security systems; computer monitoring systems; light <br />tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or <br />disposal orclean-up of waste oil or contamination caused by leaks in the hydraulic cylinder or <br />Kone Center Rev. OF 12/1/2017 Page 6 of 13 <br />© 2018 KONE INC. <br />318 <br />