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CITY OF SANTA ANA <br /> N. CONTRACTURAL OBLIGATIONS <br /> 1. The contract shall constitute the entire agreement between the parties and all prior <br /> representations and agreements, whether written or oral, are merged herein. <br /> 2. The Contractor does not assume possession, management, or control of any part of the <br /> equipment. <br /> 3. The Contractor shall not,in any event, be responsible for or liable for any loss or damage resulting <br /> from: <br /> a. The overloading and/or misleading of elevator, escalator, or other device covered by this <br /> contract and its rated capacity or operation of said equipment, or <br /> b. For any loss, damage, detention, delay, or for any failure to perform resulting from: <br /> €. Accidents, <br /> l€. Strikes, <br /> iii, .Lock-outs, <br /> iv. Fire, <br /> v. Explosions, <br /> A. Water, <br /> v€i. Flood, <br /> will. Wind, <br /> ix. Malicious mischief, <br /> x. War, <br /> A. Acts of civil or military authority, <br /> Al. Insurrection, <br /> xiii. Riot, <br /> xiv. Act of Grad, or <br /> xv. Any consequential damage. <br /> 4. The City agrees (except during periods of the inspection and work required by the terms of this <br /> contract, when and if the Company's employees actually take charge of the equipment), the <br /> control over, the management, observation, and operation of the equipment is and remains the <br /> full and sale responsibility of the City. <br /> 5. The City shall immediately shut down any equipment from service when it appears to the City to <br /> be unsafe or operating in a manner which might cause injury to anyone using said equipment; <br /> and will give the Contractor written notice within a reasonable period of time of any accident, <br /> alteration, or change affecting the equipment covered by this contract. <br /> 5. The contract shall be binding upon the heirs, personal representatives, successors,and permitted <br /> assigns of the parties hereto. <br /> 7. The Agreement shall become a valid and binding contract only when accepted and signed by the. <br /> City representative, and subsequently approved and signed by an Officer of the Contractor. <br /> This contract shall not be changed, modified, or terminated and none of its terms or conditions <br /> shall be.waived orally, but only In writing, signed by the City and by an officer of the Contractor. <br /> a. A waiver at anytime of the terms.and conditions of this contract small not be considered a <br /> modification, cancellation, or waiver of such terms and conditions. <br /> City of Santa Ana RFP No.25-OOIA Page 28 of 102 <br />