Schindler Excellence®

Complete
Main Contract
Lifts

Included Services:
▪ Comprehensive maintenance including major components
▪ Call-Backs covered 24/7

Schindler Excellence® Contract number 131656495 Page 1 of 10

Contract Schedule

Contract number 131656495

Between Body Corp Mont Royal

St Johns Rd
Cape Town
8000
Hereinafter "the Customer"

and Schindler Lifts(SA)(Pty.) Ltd

Racecourse Road
Rainbow Close, Rainbow Park
Montague Gardens, Cape Town
7441
Hereinafter "SCHINDLER"

Location MONT ROYAL

22 ST JOHNS ROAD
CAPE TOWN
Installation number 27400002004
Description ELEV CTE1461

Handover date 01.01.1961

Contractual Scope

Schindler undertakes to perform the services and provide the products as described in this Contract
and in accordance with the description of "Scope of the Contract" (Annex 1) as well as the enclosed
General Terms and Conditions for Schindler Maintenance and Ahead Digital Services (“General Terms
and Conditions”), which documents, together with any additional documents referenced therein, form
part of and constitute the "Contract".

Remuneration

The annual remuneration for the services described in this Contract is

ZAR Net: 63,967.00
in words: SIXTY-THREE THOUSAND NINE HUNDRED SIXTY-
SEVEN.ZERO
plus the respectively applicable value added tax required by
law.
Payment agreements: invoice: monthly in advance
Price basis: 2021
Price adjustment: according to enclosed Terms and Conditions.

Schindler Excellence® Contract number 131656495 Page 2 of 10

Duration of the Contract

This Contract begins on of 31.12.2022. Subject to an early termination in accordance with the General
Terms and Conditions, the duration of this Contract is agreed to be 3 years. Unless notice of termination
is given in writing 3 months before the end of the duration, the Contract is automatically extended for 3
years.
In case of any inconsistencies between (i) the General Terms and Conditions and (ii) the Main Contract
and/or Annex 1, the latter shall prevail over the General Terms and Conditions. If the contract is prem-
aturely the client is liable to pay no less than 50% of the remain duration of the contract.

The Customer acknowledges having received and understood the General Terms and Conditions at-
tached to this contract.

The Customer will make available to SCHINDLER; free of charge; any and all facilities and services
including tested and certified scaffolding and list points which SCHINDLER reasonably requires in the
performance of the Services.

Proposed:

By: _______________________ By: _______________________

For: Schindler Lifts (SA) Pty Ltd For: Schindler Lifts (SA) Pty Ltd

Title: Commercial Service Leader Title: Regional Manager

Sign: Sign:

Date: Date:

Accepted: (In the event of a Body Corporate/Trust, 2 signatures are required)

By: _______________________ By: _______________________

For: For:

Title: Title:

Sign: Sign:

Date: Date:

Schindler Excellence® Contract number 131656495 Page 3 of 10

Scope of Services (Annex 1)

1. Schindler Maintenance

SCHINDLER undertakes to regularly check, inspect, and preventatively maintain the Installation(s) and
to perform the repair work described herein.

a. Inspection and Preventative Maintenance

While observing all necessary legislation, SCHINDLER commits to perform on the aforementioned lift
Installation(s) regular inspection and preventative maintenance. This comprises:
− functional checking and adjustment of the drive unit, means of suspension, gearbox, brakes,
traction sheave and drum, ropes, deflector sheave, hoistway doors, and guiderails of the lift
Installation(s);
− greasing the aforementioned subassemblies to the extent appropriate for the use made of the
lift Installation(s);
− checking and adjustment of the travel properties of the lift Installation(s), especially of their
stopping accuracy;
− visual and functional check of the switching, control, monitoring, and other safety equipment,
and of the display and lighting equipment;
− checking of the lift Installation(s) for functioning and damage;
− checking the oil level of the drive unit;
− to the extent required to preserve their functioning, cleaning the aforementioned subassem-
blies of the lift Installation(s) of dirt originating within the Installation;
− annual cleaning of the machine room, car roof, and dry hoistway pit of dirt originating within
the Installation.

− A SCHINDLER Technician does an annual CPSI and every 5 Years a full CPSI is done by the
audit quality team.

b. Operational Failures

SCHINDLER corrects operational failures which are detected during regular inspections and preven-
tative maintenance, by the permanent monitoring or which occur between them and are reported to
SCHINDLER by the Customer or named third parties. SCHINDLER will respond to operational fail-
ures and entrapments 24 hours a day, 7 days a week at no additional charge. If the operational fail-
ures are caused by abuse or misuse then the CUSTOMER will be charged according to the actual
outlay including incurred costs. Schindler will respond to trapped passengers as quickly as possible,
and will aim to respond to all other failures within 4 working hours.

c. Repairs

All minor and major repairs required to the equipment as a result of normal use shall be carried out
under the terms of this agreement. Repairs that cannot be undertaken during the routine maintenance
programme shall be planned and carried out by SCHINDLER (Monday to Friday between 8.00 am and
4:30 pm) at a convenient time agreed with the Customer. Any repairs required outside these hours shall
be subject to additional charge at the applicable hourly rate.

d. Availability of Spare Parts and Obsolescence

SCHINDLER holds spare parts with the following availability periods:

Schindler Excellence® Contract number 131656495 Page 4 of 10
 − Schindler original spare parts for a period of twenty (20) years; and

− Other spare parts for a period of twenty (20) years or as long as available from the original
equipment manufacturer, whichever period is the shorter.

The availability period starts on the date of the first installation of the complete Schindler or third party
installation(s).
For components and/or spare parts containing electronic devices, availability will be 15 years unless
the component becomes obsolete.
Components where a re-fabrication is necessitated to return the component to serviceable use are
deemed as obsolete.
On expiry of the availability periods such spare part is deemed obsolete and SCHINDLER proposes its
replacement or modernisation at the Customer’s expense.
Schindler original spare parts are defined as spare parts for which SCHINDLER is the sole supplier.
SCHINDLER ensures proper disposal of disassembled spare parts and components as well as changed
oil and lubricants at the Customer’s expense.

e. Support of notified body

Provided that notification by the Customer is given in good time, SCHINDLER sends a service techni-
cian for regular periodic checks and provides electronic testing equipment.

f. Additional Services

The Customer reimburses SCHINDLER for maintenance work being outside the scope of Services
separately.

Schindler Excellence® Contract number 131656495 Page 5 of 10

General Terms and Conditions for Mainte- subject to maintenance or to pay the invoices when due, and in
other cases specified herein.
nance and Schindler Ahead Products (Annex The Customer shall be liable for any failure of the Installation(s)
2) Basic + Alert w / Cover + Complete vw / Assist as / Alarm ta / Ahead subject to maintenance and other products provided under this
Contract during the Suspension and shall indemnify Schindler for
any claims which may be asserted against Schindler as a conse-
A. General Terms quence of the Suspension and any additional costs due to such
1. Contract Components Suspension.
These General Terms and Conditions (Annex 2) apply to the pro- Before performing services after such Suspension Schindler will
vision of: (i) maintenance and supplementary services for eleva- execute a separate audit at the Customer’s cost.
tors, escalators and moving walks (each an “Installation”), and 6. Liability
(ii) Digital Services, Other Services and Applications, all as de- Schindler shall be liable for property damages provided that such
fined below (together “Schindler Ahead Products”), under the damages are caused by Schindler’s unlawful intent or gross neg-
Contract. ligence.
Provisions in this section ‘A. General Terms’ apply to any services Schindler’s total liability for any claims related to the Contract shall
and products provided hereunder, provisions in section ‘B. be limited to the fees paid by Customer in the [twelve months]
Schindler Installation Maintenance‘ to Installation maintenance preceding the last event that caused Schindler’s liability.
and supplementary services only and provisions in section ‘C. Schindler shall not be liable for damages caused by Customer’s
Schindler Ahead Products’ only to Schindler Ahead Products. or third party’s acts and omissions. Schindler shall not be liable
Together with (i) the [Main Contract Form] that specifies, amongst for lost profit and for indirect or consequential damages such as
others, the Contract parties and its duration, (ii) Annex 1 that de- lost revenues, lost profit, loss of data, value, goodwill or use, lost
scribes the scope of the Installation maintenance services and/or business opportunities, lack of anticipated savings or for any con-
the contracted Schindler Ahead Products, and (iii) any additional sequential damages whatsoever.
documents referenced herein, these General Terms and Condi- Nothing in this clause shall be construed as purporting to exclude
tions constitute the Contract. In case of contradictions or incon- or restrict any liability of Schindler for bodily injury or death or for
sistencies between (i) this section ‘A. General Terms’ and (ii) sec- damages caused by Schindler’s intent or gross negligence.
tion ‘B. Schindler Installation Maintenance‘ or section ‘C. 7. Force Majeure
Schindler Ahead Products’, the provisions in section ‘B. Schindler Schindler shall not be liable for failure to perform its obligations
Installation Maintenance‘ or, as the case may be, section ‘C. under this Contract if such failure results from circumstances
Schindler Ahead Products’ shall take precedence. which could not have been reasonably foreseen and which are
2. General Duties of the Customer beyond Schindler’s reasonable control, such as acts of God, acts
of government, war, natural disasters, administrative decisions,
Customer shall cooperate with Schindler to enable Schindler’s
court rulings or orders, or disruptions of third party information
performance under the Contract (including allowing Schindler ac-
technology, telecommunication, power supply and other systems
cessing all parts of the Installation(s) subject to maintenance and
or networks.
Hardware at any time) and promptly notify of any perceived or an-
ticipated interferences. 8. Data Ownership
3. Remuneration The parties agree that Schindler shall have perpetual and world-
wide, exclusive intellectual property rights and ownership in any
The remuneration covers dispatching, travel costs, and travel time
information (other than Personal Data or Content, both as defined
for the services described in this Contract, if any.
below) that Schindler Ahead Products or other equipment or in-
Schindler invoices the charges one calendar year in advance. The
stallations provided or maintained by Schindler may generate, col-
Customer shall pay any invoice (with 3% discount) within 30 days
lect, store, use, make available, transmit, or process in any other
of its date of issue.
way throughout the term of the Contract, and any data derived
(Alternative:) Schindler invoices the charges one calendar year in
therefrom (collectively “Data”), regardless whether any of the in-
advance. The Customer shall pay any invoice in quarterly instal-
volved hardware is owned by Customer or not (“Data Owner-
ments at the middle of each quarter.
ship”). Such Data Ownership includes, but is not limited to, the
Charges are exclusive of VAT, any other taxes or applicable
transferable right to store, access, use, analyze, modify, delete,
costs. In addition to the charges, Customer shall also bear any
sell, license, or otherwise make available Data or any product or
taxes (including VAT and withholding taxes, if any), duties, cus-
service containing or using Data, or have any of the such actions
toms, levies or fees applying to its receipt, consumption or acqui-
carried out by an affiliate or third party. Customer hereby assigns
sition of the services and products provided under this Contract.
all rights and title in the Data to Schindler. Customer shall include
The Customer shall pay these amounts in addition to the charges
equivalent provisions giving effect to Schindler’s Data Ownership
payable hereunder. Therefore, any amount payable by the Cus-
in agreements with its affiliates and contract partners that come
tomer to Schindler shall be paid such that the full amount due is
into contact with Data.
received by Schindler irrespective of any withholding which the
The furnishing of copies of, or granting of access to, Data by
Customer is compelled by law or required by any governmental
Schindler to Customer does not constitute any express or implied
authority.
interest or license to Customer relating to such Data other than as
If for any reason the payments due under this Contract remain
is necessary to receive the relevant services in accordance with
fully or partially unpaid by the Customer for a period of [30] days
the Contract.
from the date upon which they fell due, Schindler reserves the
right to charge the Customer interest of 1,5% on due payments. 9. General Confidentiality Obligations
4. Adjustment of the Remuneration Data and any information related to products and services pro-
If the relevant material price index and/or wage changes after vided by Schindler hereunder as well as know-how of Schindler
completion of the first complete calendar year after conclusion of that is directly or indirectly disclosed or made accessible to Cus-
the Contract, Schindler can request the remuneration for the fol- tomer is confidential information proprietary to Schindler (“Confi-
lowing calendar year to be adjusted or to be replaced with local dential Information”). Customer may only disclose Confidential
norm. Information upon Schindler’s prior written approval or to the extent
5. Right to Suspend Services required by applicable law, administrative decision or court ruling.
Schindler is entitled to suspend or limit services while not remov- 10. Change of Ownership
ing the Customer’s obligation to pay the full annual remuneration Both parties undertake to transfer all rights and duties under the
(“Suspension”) if Customer is in material breach of this Contract, Contract to their legal successors.
including if Customer fails to grant access to the Installation(s) (Alternative:) If there is a change to the owner of the building
where the Installation(s) subject to maintenance, or other products

Schindler Excellence® Contract number 131656495 Page 6 of 10

provided under the Contract, were installed, the Customer may are technical improvements, replacements of light bulbs in the
terminate the Contract by registered letter with 60 days prior no- shaft and machine room, correction of weaknesses, treatment of
tice per date of change of ownership. surfaces of components as e.g. painting and replacements of dec-
11. Early Termination orative elements, cleaning of building, car and doors, complete
Except as expressly provided otherwise herein, the Contract binds cleaning of Installations, in particular the steps or pallets, and
the customer for the agreed duration period of this contract. In modifications, even if those are required by new regulations or
case of non-payment of fees, Schindler may terminate the con- recommended or ordered by the responsible notified bodies.
tract. If the Customer terminates this Contract before the expiry Not included in the scope of Schindler services under this Con-
date and without the agreement of Schindler, the Customer shall tract is maintenance work on the electric power supply cables or
pay an indemnification of 50% of the amount to be invoiced for the on telephone and connection cables for alarm and remote moni-
remaining duration of the Contract. toring systems not provided by Schindler, Also STM’s are ex-
12. No Further Licenses and Feedback cluded from the contract.. Should defects occur in the telephone
Except as expressly specified in the Contract, neither this Con- connection, Schindler is under no obligation to provide the respec-
tive services for the duration of the defect. As far as discounts are
tract nor any disclosure made during Contract performance grants
to either party any license or ownership rights under any intellec- granted on repairs, these do not apply to spare parts for which
tual property rights. Schindler is the only manufacturer.
Any Customer suggestions, comments or other feedback relating 3. Ownership and Intellectual Property Rights
to Schindler Ahead Products or other Schindler products or ser- All intellectual property rights on the system of the maintained In-
vices (“Feedback”) are provided voluntarily and free of charge. stallations including those in the control software, which enables
Feedback shall not create any confidentiality or other obligation routine operation, maintenance and repair, shall remain the prop-
for its receiver who shall be free to use and exploit such Feedback. erty of Schindler. Schindler may update the control software. This
13. Export Regulations may include bug fixing and minor software enhancements.
Each of the parties will comply with all applicable national and in- Schindler may install additional equipment and/or software and
connect this - when appropriate - with Schindler service devices
ternational import and export control laws and regulations that
prohibit or limit the export, re-export, or transfer of products, deliv- to improve the functionality of the installed control software.
erables, software, technology or related information to certain ju- 4. Duties of the Customer related to Installation Mainte-
risdictions, countries or recipients. nance
14. Place of Jurisdiction Customer shall notify building modifications which could impair
Exclusive place of jurisdiction is the domicile of Schindler. functioning of the Installation(s) to Schindler in due time. The Cus-
(Alternative:) Exclusive place of jurisdiction is the domicile of tomer is obliged to notify defects, damage(s) and modifications
Schindler except where the Customer is a consumer. In this case, immediately as they come to his knowledge. The Customer re-
place of jurisdiction is the domicile of the Customer. mains the operator of the Installation(s). The legal obligations in-
15. Miscellaneous cumbent on him in this capacity are not affected by this Contract.
Conclusion of this Contract supersedes the rights and/or obliga- The Customer is responsible for any external equipment (e.g. fire
tions of all earlier contracts between the Customer and Schindler alarm, ventilation, smoke and heat vents, mobile phone antennas,
regarding its subject matter. electrical wires) in the engine room / elevator shaft. Maintenance
Schindler may involve affiliates or third parties and any of their or and / or repairs of such external equipment may only be carried
its own personnel, irrespective of their location. All of the afore- out in the presence of a specialist for elevators.
mentioned parties are entitled to process Customer personnel’s C. Schindler Ahead Products
business contact details.
1. Product Components
Schindler may transfer this Contract or individual rights and/or du-
ties hereunder to its affiliates or third parties. a. Digital and Other Services
Any connectivity features that Schindler may make use of in con- “Digital Services” that may be offered hereunder are digital ser-
nection with, or for facilitating, the provision of its services or prod- vices (including but not limited to cloud based services that are
ucts hereunder are utilized by Schindler for its internal purposes made available remotely using a network), as further laid out in
only. Such connectivity features must neither be used by Cus- Annex 1. If Digital Services comprise access to cloud based plat-
tomer separately from Schindler services or products nor for Cus- forms or portals provided by Schindler, Customer is responsible
tomer’s own general connectivity purposes. for the use of these platforms or portals by any person who ac-
If any provision of the Contract is held to be invalid or unenforce- cesses them using login details made available to Customer and
able, the remaining provisions shall remain in full force and effect. such persons’ compliance with the terms of this Contract. Cus-
The invalid or unenforceable provision is considered to be re- tomer shall use Digital Services solely as described in Annex 1
stated to reflect the original intentions of the parties to the greatest and only for its internal business purposes in the country where
possible extent. acquired. Schindler may update and modify a Digital Service,
without substantially impairing its functionality. Access to, and use
B. Schindler Installation Maintenance of, Digital Services may be governed by additional terms that
1. Performance of the Services Schindler may provide to Customer together with such Digital Ser-
Schindler performs the services using recognized methods of el- vices.
evator, escalator and moving walks maintenance, respectively. Schindler may also provide customization and other supplemen-
When performing the services Schindler observes the legal regu- tary services (“Other Services” and together with Digital Services
lations including safety and other regulations of applicable na- “Services”) related to other Schindler Ahead Products against ad-
tional and international standards organizations and especially EN ditional charges, as further specified in the Contract.
13015 for maintenance of elevators, escalators and moving walks. The provision of Services may also involve delivery or develop-
Unless otherwise agreed in Annex 1, Schindler performs the ser- ment of works of authorship (“Works”). Schindler will retain all in-
vices on working days between [8] am and [4.30] pm. tellectual property rights in such Works. For as long as Services
Schindler will invoice additional charges due to services outside are provided hereunder, Schindler grants Customer a non-exclu-
of these hours separately. sive, non-perpetual, non-sublicensable and non-assignable li-
2. Exclusions cense to use Works for internal business purposes in connection
Installation maintenance which is necessary due to acts of God, with the use of the Schindler Ahead Products in the country where
abuse or misuse of the Installation(s), overloading, vandalism, acquired.
b. Hardware
fire, water, humidity, or overvoltage of electric power supply lines
or damages due to power failure is excluded from this Contract. Unless otherwise agreed, any hardware device that is made avail-
Also excluded from the services of Schindler under this Contract able by Schindler under this Contract in accordance with Annex 1
for use in connection with Schindler Ahead Products (“Hardware”)
Schindler Excellence® Contract number 131656495 Page 7 of 10
is made available only for as long as such Schindler Ahead Prod- The above warranties are the exclusive warranties related to
ucts are provided under this Contract. Hardware is not sold under Schindler Ahead Products and substitute all other explicit or im-
this Contract, but Customer may purchase hardware from plied warranties. A warranty claim is precluded in case of defects
Schindler for use in connection with Schindler Ahead Products un- caused by Customer’s own or third parties’ acts or omissions, in-
der separate agreements. Schindler may replace or modify Hard- cluding (i) an unauthorized modification of a Schindler Ahead
ware at any time. Product; (ii) its usage other than as intended; (iii) third party and
Any machine code that may be embedded into Hardware in the other interferences and disruptions not attributable to Schindler
form of microcode, BIOS code, control, diagnosis and other soft- (e.g., vandalism, flooding, humidity); (iv) Customer’s failure to co-
ware that, amongst others, enables Hardware operation, mainte- operate or follow Schindler’s instructions; (v) instances in which
nance and repair, as well as any related material and data (“Em- Schindler implemented Customer’s instructions or specifications;
bedded Code”), and any updates and replacements thereof, is and (vi) as otherwise set out in the Contract.
licensed, not sold to Customer. Schindler grants Customer a lim- 2. Content
ited non-exclusive license for use of Embedded Code only with Customer may provide and input data (“Content”) into Schindler
the corresponding Hardware. Schindler may update, replace or
Ahead Products, as well as store, use, and otherwise process
modify Embedded Code at its discretion. This license terminates such Content by means of Schindler Ahead Products or cause
together with the termination of provision of related Schindler Schindler to do so, in accordance with such Schindler Ahead
Ahead Products under this Contract. Schindler may also terminate
Products’ intended use specified in Annex 1 (“Content Pro-
the license in case of a breach of license terms or if Customer fails cessing”). Customer grants Schindler a non-exclusive, world-
to pay due charges. wide, sublicensable and fully paid-up license to use the Content
Schindler may (a) provide accessory equipment, such as SIM
as may become necessary to provide Schindler Ahead Products
cards, other additional hardware devices and/or related software to Customer. Furthermore, Customer grants Schindler a non-ex-
(“Accessories”), and (b) connect on site or remotely to Hardware clusive, worldwide, perpetual, sublicensable and paid-up license
to enable Schindler to provide Schindler Ahead Products. Any
to analyze and gain insights from Content that has been previ-
Embedded Code enabling the provision of a Hardware-related ously anonymized.
Schindler Ahead Product that supplements basic Hardware func- Schindler will handle any personal data (as such term is defined
tionality is deemed to be an Accessory. in Regulation (EU) 2016/679 of the European Parliament and of
Customer shall promptly provide Schindler access to Hardware the Council of April 27, 2016) (Alternative): [Or use other locally
and Accessories and prevent unauthorized access thereto. Both,
applicable definition] (“Personal Data”) that may be part of the
Accessories and Hardware, remain property of Schindler or its Content in accordance with applicable law. Customer appoints
third-party supplier and Customer expressly waives any right of Schindler as processor of Personal Data on behalf of Customer.
retention or lien therein. Customer shall ensure that Schindler can
Customer is responsible for complying with applicable law when
disable or remove both Hardware and Accessories undamaged engaging Schindler as processor of Personal Data. This may in-
when provision of Schindler Ahead Products is terminated. If Cus- clude obtaining any required consents of persons affected by the
tomer fails to meet this obligation, Schindler may charge Cus-
Content Processing. The parties, undertake that they and their af-
tomer the sales price of Hardware and Accessories. filiates and/or relevant third-party subcontractors shall enter into
c. Applications additional agreements required by applicable law for the protec-
Schindler Ahead Products offered under the Contract may include
tion of Personal Data (such as data processing agreements), in-
computer programs as further specified in Annex 1 and licensed cluding by way of a data privacy Appendix […] hereto.
by Schindler hereunder (“Applications”). Neither Embedded Customer is responsible to adequately back-up its Content and is
Code nor Works are considered Applications. For as long as the
solely responsible for the Content (in terms of form and sub-
relevant Schindler Ahead Product is provided hereunder, stance).
Schindler grants Customer a non-exclusive and non-assignable Customer represents and warrants that it has all rights and au-
license to install and use Applications in accordance with Annex
thorizations for (i) Content Processing; and (ii) granting Schindler
1. Customer may not sublicense or rent an Application or use an Content-related licenses hereunder. Customer also represents
Application for purposes other than internal business purposes in and warrants that Content Processing will neither violate applica-
the country where acquired. Access to, and use of, Applications
ble law nor any third-party rights. Furthermore, Customer repre-
may be governed by additional agreements that Schindler may sents and warrants to having taken adequate measures (such as
provide to Customer together with Applications. use of current scan software) to avoid introduction of any mali-
Customer is responsible that any user whom Customer grants ac-
cious software or code into Schindler Ahead Products (“Content
cess to an Application complies with the applicable license terms. Security Measures”) and that Content will neither contain ob-
Schindler may terminate an Application license in case of a scene, offensive or fraudulent information nor advocate violence,
breach of license terms or if Customer fails to pay due charges.
discrimination or racism. Customer will promptly notify Schindler
Upon termination of the related license, Customer shall immedi- in writing should Customer become aware of any information that
ately and irrevocably delete and destroy any Application copy. could render any of the above representations and warranties in-
d. General Product Characteristics and Limited War-
correct. Schindler may delete or request Customer to immediately
ranty remove any Content from Schindler Ahead Products or other
All functions of Schindler Ahead Products described in this Con- Schindler systems that is unlawful or otherwise not compliant with
tract are characteristics of Services or Applications, not Hardware.
this Contract.
Schindler will provide Services in line with applicable specifica-
tions in Annex 1 on a “best efforts” basis, using commercially rea- 3. Indemnification by Customer
sonable care and skill. Applications will match their respective Customer will indemnify and hold Schindler, its affiliates and third-
specifications set forth in Annex 1 if used in their intended operat- party subcontractors, and their respective employees, officers and
ing environment. directors harmless against any and all claims of any infringement
Schindler will apply commercially reasonable efforts to remedy (alleged or actual) of any person’s rights as a result of any Content
any deviation from the respective specifications of Schindler Processing, provided Customer is in breach of any of the repre-
Ahead Products set forth in Annex 1. The Schindler Ahead Prod- sentations, warranties and information duties set forth in the last
ucts are neither laid out for an uninterrupted or a fault-free perfor- paragraph of section C. 2 above and such breach contributed to
mance nor can externally induced disruptions, interferences of, or the claim. Customer will reasonably support Schindler in the de-
an unauthorized access to, Schindler Ahead Products, be fully fense against such third-party claims, including by promptly
ruled out. Schindler does not warrant the fitness of Schindler providing necessary information and documents. The same in-
Ahead Products for any particular purpose. Customer is solely re- demnification and support obligations apply in case of any claims
sponsible for its Schindler Ahead Product usage. made by public authorities.
4. Suspension Rights
Schindler Excellence® Contract number 131656495 Page 8 of 10
Customer’s use of a Schindler Ahead Product may in particular be Embedded Code, Applications or respective parts thereof, as well
Suspended if (i) Customer is in breach of its representations and as from removing any copyright or other marks inserted therein by
warranties, or fails to grant access to any Hardware or Accesso- Schindler or its third-party suppliers.
ries; (ii) it adversely affects security, integrity or performance of 7. Third Party Maintenance
related Schindler systems or violates applicable law, court rulings,
While this contract is valid with Schindler, no third parties will be
administrative decisions or third-party rights; or (iii) Customer fails allowed to work on the equipment.
to take adequate Content Security Measures.
5. General Discontinuation of a Schindler Ahead Product
If Schindler decides to discontinue the general availability of a
Schindler Ahead Product that is also provided to Customer under
the Contract, Schindler may terminate the Contract with respect
to such Schindler Ahead Product on three (3) months’ notice. In
such case, Schindler will use commercially reasonable efforts to
assist Customer to migrate to another available Schindler product
or service.
6. No Reverse Assembling
Customer is prohibited from reverse assembling or compiling, oth-
erwise translating, reverse engineering, or modifying Hardware,

Schindler Excellence® Contract number 131656495 Page 9 of 10

 Debit Order Instruction - Relative to Service Contract

As an incentive to adopt this method of paying your Lift Service charges, we offer to reduce your service charge by
2,5% per month from the date of adoption of this payment system.

Building Name: ________________________________________________________________

I/We Of

hereby request and authorise SCHINDLER LIFTS SA (PTY) LTD, (hereinafter referred to as Schindler), to draw against
my/our Current/Transmission Account with the under mentioned Bank, or any other Bank or Branch which I/we in the
future elect, the amount of the monthly Contract Price stipulated in terms of the Maintenance/Service Contract entered
into by and between Schindler and ourselves and dated _____________________, subject to such adjustments as
have already been made in the future be made to the said price, in terms of the said Contract.

The present amount of the monthly Contract Price is R_____________________ per month (Excluding Value Added
Tax) and Schindler is authorized to draw this amount, or any subsequently adjusted amount payable in terms of the
said Contract against my/our Current/Transmission Account on the day of each and every month, commencing on the
1st _________________________20___

All such withdrawals from my/our Bank Account shall be treated as though they had been signed by me/us personally.

I/we understand that the withdrawals hereby authorised will be processed by Computer through a System known as
the ACB Magnetic Type Service, and I/we also understand that if my/our Account is computerised, I/we will not receive
any vouchers, but details of each withdrawal will be printed on my/our Bank Statement and Schindler’s Monthly
Statement.

This authority may be cancelled by me/us by giving Schindler thirty (30) days’ notice in writing, sent by prepaid
registered post, but I/we understand that I/we shall not be entitled to any refund of amounts which Schindler have
withdrawn while this authority was in force, if such amounts were legally owing to Schindler.

Receipt of this instruction by Schindler shall be regarded as receipt thereof by my/our Bank (whichever bank it is or will
be).

Details of the Bank Account to be debited in terms of these Instructions are as follows:

Bank:

Branch:

Account Number:

Branch Code:

Type of Account: __________________________________________________________

Signed at ______________________on this, the ________day of __________20__

Signature/s as used for signing cheques:

1. _______________________ 2. _________________________

NOTE: Please attach a blank, cancelled cheque for Bank Identification purposes.

Schindler Excellence® Contract number 131656495 Page 10 of 10