Common use of Escalators Clause in Contracts

Escalators. KONE’s price and obligations under the agreement are subject to a technical survey to be performed within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE’s technical survey, Customer will immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the equipment. If additional work is necessary, KON E will provide a separate proposal or recommendation for such work. Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customers failure to comply with KONEs recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE’s proposal or recommendation, notwithstanding anything to the contrary in the agreement, KONE reserves the right to terminate this agreement without penalty.