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necessary repairs or component replacements on the equipment. If additional work is necessary, KONE will provide a
<br />separate proposal or recommendation for such work. Customer agrees to indemnify, defend, and hold KONE
<br />harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and
<br />any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void.
<br />If Customer does not immediately approve KONE's proposal or recommendation, notwithstanding anything to the
<br />contrary in the agreement, KONE reserves the right to terminate this agreement without penalty.
<br />10. INSURANCE
<br />Insurance required of KONE shall be primary to, and not contributory with, any insurance or self-insurance
<br />maintained by Purchaser. Such insurance shall not diminish KONE's indemnification and obligations hereunder.
<br />Before any work under this Contract is performed, and at any time upon request, KONE shall furnish to Purchaser
<br />certificates of insurance evidencing the minimum required coverage, with the Purchaser named as additional
<br />insured. All policies shall contain a waiver of subrogation endorsement. All insurance policies and certificates of
<br />insurance shall provide that the policies may not be canceled oraltered without thirty (30) days prior written notice
<br />to Purchaser. KONE shall also require and ensure that each of its sub -contractors providing services hereunder,
<br />if any, procures and maintains, until the completion of the services, insurance of the types and to the limits
<br />specified herein.
<br />11. PUBLIC RECORDS
<br />KONE shall be required to comply with the following requirements under Florida's Public Records Law:
<br />A. KONE shall keep and maintain public records required by Purchaser to perform the services.
<br />B. Upon written request from Purchaser, KONE shall provide Purchaser with a copy of the requested records
<br />or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
<br />cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
<br />C. KONE shall ensure that public records that are exempt or confidential and exempt from public records
<br />disclosure requirements are not disclosed except as authorized by law for the duration of the contract term
<br />and following completion of the contract if KONE does not transfer the records to Purchaser.
<br />D. Upon written request, KONE shall, upon completion of the contract, transfer, at no cost, to Purchaser all
<br />public records in possession of KONE or keep and maintain public records required by Purchaser to perform
<br />the service. If KONE transfers all public records to Purchaser upon completion of the contract, KONE shall
<br />destroy any duplicate public records that are exempt or confidential and exempt from public records
<br />disclosure requirements. If KONE keeps and maintains public records upon completion of the contract,
<br />KONE shall meet all applicable requirements for retaining public records. All records stored electronically
<br />must be provided by KONE to Purchaser, upon written request from Purchaser in a format that is compatible
<br />with the information technology systems of Purchaser. Notwithstanding the above, neither party shall be
<br />required to erase, delete, alter or destroy back-up media made in the ordinary course of business.
<br />IF KONE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
<br />KONE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
<br />PURCHASER'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, C ityClerk(LDCITYfl. net, 18070 Collins
<br />Avenue, 4'h Floor, Sunny Isles Beach, Florida 33160.
<br />12. SCRUTINIZED COMPANIES
<br />Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized
<br />Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. KONE herein certifies,
<br />under penalty of perjury, that KONE is not participating in a boycott of Israel. Any contract for goods or services
<br />of One Million Dollars ($1,000,000) or more shall be terminated at Purchaser's option if it is discovered that the
<br />entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan
<br />List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida
<br />Statute, Section 215.473, or has been engaged in business operations in Cuba or Syria after July 1, 2018.
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