CONTRACT 3350 Maintenance and Repair Agreement CLOSED310 414 0911 P.02it
JUN -10 -2004 14 :23 MAINTENANCE FACILITY OUPLICATE I.IGINAt
3350
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ThysseuKrupp Elevator
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 2nd day of
May, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ("CITY') and ThyssenKrupp Elevator, a California Corporation
("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a Quarterly
basis an amount set forth in the attached Exhibit "A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from June, 2004, to June, 2008. The Agreement
may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A-
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONTRACTOR by this Agreement.
4. PREVAILING WAGES. If required by applicable state law including, without limitation
Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to
interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any
Page 1 of 6
J UIV-lYJ-Gl1F 14 1�1 • �4 I'IH l N I tNHNUt t- HL- I L 1 I Y
DUPLICATE -)RIGINAL
YJ71
3x50..,..,.
penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance
with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon
request from CITY's Engineering Division or the website for State of California Prevailing wage
determination at http : / /www dir ca. gov/DLSR/PWD. A copy of the prevailing rate of per diem
wages must be posted at the job site.
5. FAMILIARITY WITH WORK-
A- By executing this Agreement, CON'T'RACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Tyne of Insurance Limits (combined singlet
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No.' CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
Pacre. 2 nf 6
,� �� .a c� Guu`+ yy • Gy I "In 11Y I CIYI"IIYI.0 r-rv— 1 L 1 1 I
J1YJ 414 VJ711 I� • Liw u
d, ui 11� AfL JRIGIIAL3 3 5 O ,.
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00
0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by City from time to time. Insurance must
be placed with insurers with a current AM Best Company Rating equivalent to at
least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide
thirty (30) day notice of any cancellation of coverage. CONTRACTOR will
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. THE FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERM MATION.
A Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
Page I of 6
.10 414 0 1.1 H.05/07
JUN -10 -2004 14:2'4 MHINIENHNCE FRCIL11Y j .YLICATF 7 3 RIGINAL � 5 0 - ,
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY, s termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance.
Should CITY be named in any suit, or should any claim be brought against it
by suit or otherwise, whether the same be groundless or not, arising out of
this Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY' includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. INDEPENDENT CONTRACTOR CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to be
performed for other employers while under contract with CITY. CONTRACTOR is not an agent
or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or
similar benefits CITY provides for its employees. Any provision in this Agreement that may
appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to
exercise a measure of control over the work means that CONTRACTOR will follow the direction
of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail will
be addressed as follows:
To CITY: City of El Segundo
Facilities Maintenance
150 Illinois St.
El Segundo, CA 90245
To CONTRACTOR:
ThyssenKrupp Elevator
6048 Triangle Dr.
Los Angeles, CA 90040
Page 4 of 6
J UN- l lJ'�bb4 14 �4 MH 1 N I r_NHNI.t t-Ht- 1 L 1 I T g LJ ,,. �qr- t ►• R�(�t X71 1 r • lJb�
✓ i V 1 m ,; • •'�
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER A waiver by CITY of any breach of any term covenant,
ent breach condition the Same contained y i
his Agreement will not be deemed to be a waiver of any subsequent
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or against
either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon
approval and ratification by the El Segundo City Council. This Agreement is not binding upon
CITY until executed by the City Manager. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and
to engage in the actions described herein. This Agreement may be modified by written agreement.
CITY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
Page 5 of 6
J VI 1 1V LVV- DUPLICATE ' '.IGINAL 3 J 5 Q .. .
facsimile transmission. Such facsimile signature will be treated in all respects as having the same
effect as an original signature.
21. EFFECT OF CONFLICT. In thV tstattacanhmennts�, the purchase order, oror notice to
between any provision of this Agreement,
proceed, the provisions of this Agreement will govern and control.
22, CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will immediately
terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting to Elevator maintenance. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WIEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
0
ATTEST:
�f �� agL;')�
Cindy M esen,
City Clerk
APPROVED
MARK D. H
M-
H. Berger,
City Attorney
I ,, IS'
ThyssenKrupp Elevator Corporation
ance Howard
Branch Manager
June 11 200
Taxpayer ID No. 6 2 -1 21 1 2 6 7
Pas- 6 nf F
TOTAL P.07
LJUt'LI1,,AIt UKIC.INAL 3 3 5 0
Elevator Maintenance Agreement.
To: El Segundo City Hall
350 Main St.
El Segundo, CA 90245
(Hereinafter Purchaser)
For: El Segundo City Hall
350 Main St.
EI Segundo, CA 90245
By: ThyssenKrupp Elevator
6048 Triangle Drive
Los Angeles, CA 90040
(877) 278 -9888
UNITS TO BE MAINTAINED
Unit Quantity Manufacturer Type of Unit Unit ID or Serial # Number of Stops
One ThyssenKrupp Passenger EP9465 Three In -Line
Hydraulic
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this
agreement. We will endeavor to provide a comprehensive maintenance program to maximize the
performance, safety, and life span of your equipment.
ThyssenKrupp Elevator
DUPLICATE `RIGINAL page 2 of 4
Elevator Maintenance Agreement
Dependable maintenance. maintenance courteously and dependably. Our
-hyssenKrupp Elevator will perform the following elevator technicians receive ongoing training in
services: general equipment development as well as
advancements made to your specific elevators.
Examine the elevator equipment for proper
operation. Our examination, lubrication, and
adjustment will cover the following component
groups and related equipment of your elevator
system:
• Control and landing positioning systems
• Signal fixtures
• Machines, drives, motors, governors, sheaves
and ropes
• Power units, pumps, valves, and jacks
• Car and hoistway door operating devices and
door protection equipment
• Loadweighers, car frames and platforms, and
counterweights
• Safety mechanisms
Lubricate equipment for smooth and efficient
performance.
Adjust elevator parts and components to
maximize the elevator's performance and safe
operation.
Relamp all signals as required (during regularly
scheduled visits).
Repair or replace components worn due to
normal wear. Refer to "Other considerations"
section for items not covered.
❑ Test equipment as outlined in the American
National Standard Safety Code for Elevators and
Escalators, ANSI A17.1, current edition as of the
date this agreement begins (only if box is
checked). We will perform governor and safety
tests on traction elevators once per year and
relief pressure tests on hydraulic elevators once
per year. You agree to pay for any costs of the
inspector or inspection fees.
By highly- trained ThyssenKrupp
Elevator professionals.
ThyssenKrupp Elevator - employed and
supervised elevator technicians, who are among
the most trusted in the industry, will provide all
With assurance of the
ThyssenKrupp Elevator
standard of quality.
To help increase elevator performance and
decrease downtime, our technicians utilize the
latest industry methods and technology available
to us for your specific brand of elevator. They
will be equipped with the tools, documentation
and knowledge to troubleshoot your unique
system.
Behind our technicians is a team devoted to
elevator excellence. Technicians are supported
around the clock by a family of engineers and
field support experts. Our North American
technical support facilities continuously research
advancements in the industry and in your
equipment.
ThyssenKrupp Elevator maintains a
comprehensive parts inventory to support our
field operations. Replacement parts are stored
throughout North America in ThyssenKrupp
Elevator facilities, and are normally available as
necessary. Most specialized parts are available
within 24 hours, seven days a week. All
replacement parts used in your elevators will be
new or refurbished to meet the quality standards
of ThyssenKrupp Elevator.
In a timely and responsive manner.
We will visit your elevators on a regularly
scheduled basis. These visits will be performed
during normal business hours, Monday through
Friday, 8:00 am to 4:30 pm (except scheduled
holidays). We will respond to callbacks during
these hours at no extra charge. Callbacks are
defined as minor adjustments or emergency
entrapments. Callbacks outside of our normal
business hours and any overtime work or testing
that you request will be billed based on the
checked option below:
❑X (FM) Callbacks outside of normal business
hours will be billed at standard overtime rate.
You agree to pay for travel time for any
overtime service.
❑ (FMTD) On callbacks outside of normal
business hours, we will absorb the worked
hours at straight time rates and you will be
charged for the overtime premium portion
only, including for travel time.
❑ (FMC) On all callbacks, we will absorb
overtime premium expenses.
In the event a problem occurs between visits, our
technicians will respond promptly. You can
reach us at our local office or you may call our
national dispatch network at (877) 278- 9888). A
trained representative will handle your call
quickly and professionally.
At a reasonable cost.
The price for the services as stated in this
agreement shall be Two Hundred Two Dollars
($202.00) per month, excluding taxes, payable
quarterly in advance. Non - payment by the
Purchaser of any monies owing under this
agreement shall result in the accrual of interest
on the delinquent monies at the maximum rate
allowable by law. Time is of the essence.
This agreement is effective for Four Years
starting June 4, 2004 and is non - cancelable,
except with thirty (30) days written notice for
reasons of non - performance. To ensure
continuous service, this agreement will be
automatically renewed for successive four (4)
year periods, unless either parry timely serves
written notice upon the other party of its intention
to cancel at least ninety (90) days before the end
of the initial four (4) year period, or ninety (90)
days before the end of any subsequent four (4)
year renewal period. Notice shall be sent by
certified mail, return receipt requested. Time is
of the essence.
Early Payment Discount. If you pay in advance
for twelve (12) months of service on the units
covered in this agreement, you may take a 3%
discount from the annual price.
FM 05101
Elevator Maintenance Agreement
Special conditions.
If checked, this Agreement includes
monthly fire service testing in accordance with
California Administrative Code 3000 (h), ASME
Rule 1206.7, current edition. At the conclusion of
each calendar year, you are responsible for
maintaining long term storage of such records.
_ If checked, this Agreement includes
Soundnet Phone Monitoring.
Your responsibilities.
Product information. You agree to provide
ThyssenKrupp Elevator with current wiring
diagrams that reflect all changes, parts catalogs,
and maintenance instructions for the equipment
covered by this agreement. You agree to
authorize us to produce single copies of any
programmable device(s) used in the equipment
for the purpose of archival back -up of the
software embodied therein. These items will
remain your property.
Safety. You agree to instruct or warn
iassengers in the proper use of the equipment
and to keep the equipment under continued
surveillance by competent personnel to detect
irregularities between elevator examinations.
You agree to report immediately any condition
that may indicate the need for correction before
the next regular examination. You agree to shut
down the equipment immediately upon
manifestation of any irregularities in operation or
appearance of the equipment, notify us at once,
and keep the equipment shut down until the
completion of any repairs. You agree to give us
verbal notice immediately and written notice
within ten (10) days after any occurrence or
accident in or about the elevator. You agree to
provide our personnel a safe place in which to
work, We reserve the right to discontinue work in
the building whenever, in our sole opinion, our
personnel do not have a safe place in which to
work. You agree to provide a suitable machine
room including secured doors, waterproofing,
lighting, ventilation and heat to maintain the room
at a temperature of 50 °F minimum to 90 °F
maximum. You also agree to maintain the
elevator pit in a dry condition at all times. Should
water or other liquids become present, you will
ontract with others for removal and the proper
handling of such liquids.
DUPLICATE ORIGINAL `� ` U - • • A
Page 3 of 4
Other. You agree not to permit others to make
alterations, additions, adjustments, or repairs or
replace any component or part of the equipment
during the term of this agreement. You agree to
accept our judgment as to the means and
methods to be employed for any corrective work
under this agreement. In the event of the sale,
lease or other transfer of the elevator(s) or
equipment described herein, or the premises in
which they are located, you agree to see that
such successor is made aware of this agreement
and assumes and agrees to be bound by the
terms hereof for the balance of the agreement,
and subject to termination as herein provided, or
otherwise be liable for the full unpaid balance
due for the full unexpired term of the agreement.
In consideration of ThyssenKrupp Elevator
performing the services herein specified, you
expressly agree to indemnify, defend, save
harmless, discharge, release and forever acquit
ThyssenKrupp Elevator, our officers, agents and
employees from and against any and all claims,
demands, suits, and proceedings brought against
us or our employees of any nature whatsoever,
including but not limited to loss, damage, injury
or death that are alleged to have arisen from or
alleged to be in connection with the presence,
use, misuse, maintenance, installation, removal,
manufacture, design, operation or condition of
the equipment covered by this agreement, or the
associated areas surrounding such equipment,
specifically including claims or losses alleged or
proved to have arisen from the negligence of
ThyssenKrupp Elevator or our employees,
except that your duty to indemnify does not apply
to claims or losses determined to be caused or
resulting from the sole negligence of
ThyssenKrupp Elevator or our employees.
You expressly agree to name ThyssenKrupp
Elevator as an additional insured in your liability
and any excess (umbrella) liability insurance
policy(ies). Such insurance must insure us for
those claims or losses referenced in the above
paragraph, and for claims or losses arising from
the sole negligence of ThyssenKrupp Elevator or
our employees. You hereby waive the right of
subrogation.
Other considerations.
Items not covered. We do not cover cosmetic,
construction, or ancillary components of the
elevator system, including the finishing, repairing,
or replacement of the cab enclosure, ceiling
frames, panels, and/or fixtures, hoistway door
panels, door frames, sills, car flooring, floor
covering, lighting fixtures, ceiling light bulbs and
tubes, main line power switches, breaker(s),
feeders to controller, hydraulic elevator jack outer
casing, buried piping, alignment of elevator guide
rails, smoke and fire sensors, fire service reports,
communication devices, security systems not
installed by us, batteries for emergency lighting
and lowering, air conditioners, heaters,
ventilation fans and all other items as set forth
and excluded in this agreement.
Annual price adjustments. As the costs we
incur for providing elevator service increase and
decrease annually, we will adjust the price of
your service accordingly on an annual basis. We
will adjust your monthly price based on the
percentage change in the average rate paid to
elevator examiners. This rate consists of the
hourly rate paid to examiners plus fringe benefits
and union welfare granted in place of or in
addition to the hourly rate. Fringe benefits
include pensions, vacations, paid holidays, group
insurance, sickness and accident insurance, and
hospital insurance.
Pricing may also increase or decrease in the
event the equipment is modified from its present
state.
Overdue invoices. A service charge of 1 Y�%
per month, or the highest legal rate, whichever is
less, shall apply to overdue accounts. If you do
not pay any sum within sixty (60) days from the
billing date, we may also choose to do one of the
following: 1) suspend all service until all amounts
due have been paid in full, or 2) declare all sums
for the unexpired term of this agreement due
immediately and terminate this agreement. If
ThyssenKrupp Elevator elects to suspend
service, we shall not be responsible for damages
or injuries to persons or property from the lack of
service. Upon resumption of service, you will be
responsible for payment to ThyssenKrupp
Elevator of any costs we incur as a result of the
suspension of service.
Non-performance. "Non- performance" is
defined as our inability to remedy any
deficiencies within thirty (30) days after receiving
written notification from you,
Other conditions. With the passage of time,
equipment technology and designs will change.
FM OWN
Elevator Maintenance Agreement
We will not be required to make any changes or
,commendations in the existing design or
runction of the unit(s). We shall not be obligated
to service, make renewals or repairs upon the
equipment by reason of obsolescence, misuse of
the equipment, another's negligence, loss of
power, blown fuse(s), tripped stop switch(es),
theft, vandalism, explosion, fire, power failure,
water damage, storm, lightning, nuisance calls,
acts of civil or military authorities, strikes,
lockouts, acts of God, or any other reason or
cause beyond our control. In the event any
component of the elevator becomes obsolete or
outmoded, or is no longer manufactured by the
original manufacturer, it shall be your obligation
to replace the obsolete or outmoded component
at your expense. We will not be obligated to
install new attachments or parts upon the
equipment as recommended or directed by
insurance companies, any governmental agency
or authority, or any third party.
Should your system require any of the safety
tests on the commencement date of this
agreement, ThyssenKrupp Elevator assumes no
responsibility for the operation of the governor or
safeties on traction elevators, or the hydraulic
system on hydraulic elevators under the terms of
this agreement until the test has been made. We
shall not be liable for damage to the building
structure resulting from the performance of safety
tests. Should the respective system fail any of
the required tests, it shall be your sole
responsibility to make necessary repairs and to
place the equipment in a condition that will be
acceptable for coverage under the terms of this
agreement.
In the event a third party is retained to enforce,
construe or defend any of the terms and
conditions of this agreement or to collect any
monies due hereunder, either with or without
litigation, the prevailing party shall be entitled to
recover all costs and reasonable attorney's fees.
You hereby waive trial by jury and do further
hereby consent that venue of any proceeding or
lawsuit under this agreement shall be in
Los Angeles, California.
� a 0 6 DUPLICATE O°IGINAL v V V `j
Page 4of4
Our rights under this agreement shall be
cumulative and our failure to exercise any rights
given hereunder shall not operate to forfeit or
waive any of said rights and any extension,
indulgence or change by us in the method, mode
or manner of payment or any of its other rights
shall not be construed as a waiver of any of its
rights under this agreement.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court of
aw, public policy or statute, such finding shall not
affect the validity or enforceability of any other
portion of this agreement.
No agent or employee shall have the authority to
waive or modify any of the terms of this
agreement without the written approval of an
authorized ThyssenKrupp Elevator manager.
Accepted:
THYSSENKRUPP ELEVATOR CORPORATION
By
(Signature of ThyssenKrupp Elev Representative)
Acceptance.
Your acceptance of this agreement and its A. Neal Safe
approval by an authorized manager of
ThyssenKrupp Elevator will constitute exclusively (877) 278-9888
and entirely the agreement for the services
herein described. All other prior representations Date: 6—
or agreements, whether written or verbal, will be
deemed to be merged herein, and no other EL SEGUNDO CITY HALL
changes in or additions to this agreement will be
recognized unless made in writing and properly.
executed by both parties, Should your (Signal a of Authorize Individual)
acceptance be in the form of a purchase order
other similar document, the provisions of this printed or Typed Name)
agreement will govern in the event of a conflict.
This proposal is hereby accepted in its entirety Title:
and shall constitute the entire agreement as
contemplated by you and us. Date:
ThyssenKrupp Elevator Approval:
By:
Title: Branch Manager
Date:
FM 05101