Motion to Compel Discovery in Thomas W Midkiff, Jr. Plaintiff vs. Roizman Development, Inc., et al Defendant| Trellis.Law

On March 24, 2016 a Party Discovery was filed involving a dispute between Midkiff, Jr., Thomas W, and Kone Inc, Roizman Development, Inc., for Neg - Negligence Other in the District Court of Broward County.

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Filing # 43912511 E-Filed 07/13/2016 04:48:13 PM

IN THE CIRCUIT COURT OF THE
4177 JUDICIAL CIRCUIT IN AND FOR
BROWARD COUTNY, FLORIDA

CASE NO.: CACE 16-005484 (12)
THOMAS W. MIDKIFF, JR., individually,

Plaintiff,

VS.

ROIZMAN DEVELOPMENT, INC., a Foreign
Profit Corporation d/b/a THE FALLS AT
BONAVENTURE and KONE INC., a Foreign
Profit Corporation d/b/a KONE AMERICAS,

Defendants.

DEFENDANT, ROIZMAN DEVELOPMENT, INC. d/b/a THE FALLS AT
BONAVENTURE’S RESPONSE TO FIRST REQUEST FOR PRODUCTION FROM
PLAINTIFE

COMES NOW Defendant, ROIZMAN DEVELOPMENT, INC. d/b/a THE FALLS AT
BONAVAENTURE (hereinafter “Defendant”), by and through its undersigned counsel and
pursuant to Rule 1.350 of the Florida Rules of Civil Procedure hereby responds to the
Plaintiff, THOMAS W. MIDKIFF, JR.'S, request to produce and permit the inspection and

copying of the following documents, as follows:

1. Attached are what are in the Defendant's possession; this request is better
directed to the Co-Defendant, which handled inspection of the subject elevator.

2. Attached are what are in this Defendant's possession; this request is better
directed to the Co-Defendant, which handled maintenance of the subject
elevator.

3. None in this Defendant's possession; this request is better directed to the Co-

*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/13/2016 4:48:12 PM.****8.

Defendant, which handled repairs of the subject elevator.

. None.

None.
None.
None.
Objection, work product privilege, See privilege log.

None at this time.

10. None.

11.None.

12. Objection work product. See privilege log.

13. See attached redacted declaration page.

14. Objection, overly broad in time and scope. Not reasonably calculated to lead to

the discovery of admissible evidence.

15. See #14.

16. Objection, overly broad in scope, vague, confusing, potentially violates work

product and attorney client privilege.

17.None.

18.None.

19. See attached.

20. See attached.

21.See #20.

22. See attached.

23.None in this Defendant's possession: this request is best directed to the Co-Defendant who conducted the repairs on August 8, 2012,
24. See # 23.
CERTIFICATE OF SERVICE

| HEREBY CERTIFY that a true and correct copy of the foregoing was served via
Florida e-Filing Portal on: Mare A. Kaufman, Esq., Marc A. Kaufman & Associates, 350
East Las Olas Blvd., Suite 970, Fort Lauderdale, FL 33301,
mkaufman@makaufman.com, gaguilera@makaufman.com, Counsel for Plaintiff; and
Rolfes A. James, Esq., Dickinson & Gibbons, P.A., 401 N. Cattlemen Road, Suite 300,

Sarasota, FL 33432-6438, ajrolfes@dglawyers.com on this 13th day of July, 2016.

/s/ Genevieve Rupelli

Genevieve P. Rupelli
Florida Bar Number 780901

COLE, SCOTT & KISSANE, P.A.

Attorneys for Defendant Roizman Development, Inc.
d/b/a The Falls at Bonaventure

110 Tower, Suite 2700

110 S.E. 6" Street

Fort Lauderdale, FL 33301

Telephone: (954) 703-3759

Fax: (954) 703-3701

Primary email: Genevieve. Rupelli@csklegal.com

1\1035-0715-00\discovery\request for production\response G01 p to d.docCentury Surety Company

COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS

PolicyNo: CCP 756942 Effective Date: 06/30/2012
12:01 A.M. Standard Time

NAMED INSURED: Roizman & Associates Inc, See CSCP 1003

LIMITS OF INSURANCE:
General Aggregate Limit (Other than Product-Completed Operations) $ 2,000,000

Products-Compieted Operations Aggregate Limit SIncluded

Personal and Advertising njury Limit $1,000,000

Each Occurrence Limit $1,000,000

Damage to Premises Rented to You $1C0,000 Any onc Firef
Occurrence

Medical Expense Limit $5,000 Any one Person

RETROACTIVE DATE: (CG 00 02, CGL 0002, CGL 1551 or CGL 1553)

Coverage A and B of this insurance does not apply to “bodily injury”, “property darnage”. “personal and advertising injury”,
“personal injury" or “advertising injury" which occurs before the retroactive date srown here: N/A

DEDUCTIBLE: Per Claim

Ss 2500 Bodily Injury Liability & Property Damage Liability Combined
{this deductible also apolies to Personal and Advertising Injury Liability.)

Deductible aiso applies to Supplementary Payments - Coverages A and B;

Defense Expenses Coverages A and B (‘orm CGL 0002 only) X Yes OO No
LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY:
ee CGL1500D
PREMIUM RATE: ADVANCED PREMIUM
[State Terr Code Classification Prem. Basis Prem. Ops. PriCo Prico All Other
60010 Apartment Buildings » = eam = EE ae
91586 Contractors-subcontracted work-in 2 ere ee ew aE:
connection wth construction,
reconstruction, repair or erection of
buildings
48925 Swimming Pools a 4 Incl Ircl Incl Incl
Additional Insured CG2018 Flat Incl
Additional Insured CG-2026 Flat Incl
Waiver of Trans*er CG2404 Flat Incl
Per Location Aggregate CG2504 Flat Incl
Employee Benefits CGLO435 Flat Incl

CGL 1500 04/07 Page 1 of 2Policy No: CCP 756942
NAMED INSURED: — Roizman & Associates Inc, See CSCP 1003

PREMIUM RATE: ADVANCED PREMIUM
|Stete Terr Code Classiftcation Prem. Basis Prem, Ops, PriCo rico All Cther

Audit period is Annual Unless Otherwise Stated

Total Advance Premium $ ga,

TRIA Coverage $

Minimum Premlum for This Coverage Part $ =
FORMS AND ENDORSEMENTS (ather than applicable Forms and Endorsements shown elsewhere In the policy).
Forms and Endorsements apalying to this Coverage Part and made part of this policy at time of issue:

See Attached Schedute of Forms, CiL 15 008 02 02

“inclusion of Date Options!
THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE

NAME OF THIS INSURED AND THE POLICY PERIOD

CGL 1500 04/07 Page 2 of 27 &
eee
BREVARD PERMITTING, LICENSING AND CONSUMER PROTECTION Division ELEVATOR INSPECTION REPORT
seh) WT Y 4N. Unversity Orlva, Mallbox #802, Plantation, FL 33924
Phono: 954-768-4400 = Fax 964-765-4785,

O Change of Record

C1 Alteration (7080)

CO Sealed from Public Use

0 Demolished

and
VIOLATIONS TO BE CORRECTED

1 Routine (7010) © Approved
C Acceptance (7900) 1 Temp Permit (7050) O Approved w/exceptions
C1 Test Cat 1 (7020) Pf Accident (7070) O Disapproved Ol hyetro owes
O test Gat 5 (7040) O Gall Back (7090) Qo ee wpenalty Bitraction D Residential
I Complaint (7060) EEE Escalator 1 Other.
er ae Celt 7] Area # Inspection Date:
iL 2X, 4 at Bi Gig
Bulding hf? Month ay ae
FALLS BF SOKA wE AT AE
Bullding Address:
2027 RAC BRT Cbs RO WE ST OA Re
ee Company: Phone No.
‘Bignatiutp: tperean racgiving, en Print Name: + CC
aint a ] ftatga Olver

NOTICE TO ELEVATOR OWNER - SEE REVERSE SIDE FOR DEFINITIONS OF VIOLATIONS

The violations noted must be corrected and Broward County Permitting, Licensing and Consumer Protection — Elevator Sectlon
notified of compliance within 30 days from the date of this inspection. Any elevator owner who fails to comply with this orer within”
30 days Is subject to an administrative fine up to $1,000 per uncorrected violation In addition ta any other penalty provided by
law. if this elevator is operating under a complete service maintenance contract, notlly your elevator company immediately.

R : RE ARE NO VIO! ICATED, PLEASE DO NOT RETURN THIS FORM.
3 Machine Room : [ DOF (iba):
Bey Hoistway \ 4
Qipi : REL (psi):
S| Sf cab Gov (E) (fpm):
SS] Er Gov (M) (pm):
S a ADA Slide (In):
> S Fire Service | [ BT (ftlb): 7
\ Escalato! | | Step/Skirt Index: /
Ww searors _.. ‘This device
En Miscellaneous | | | | __ Compltes
Co ett ___ Does Not Compl
ah Comments: ELEVASoR CpftT Doty, L MEME D~ eet, ~_. Is Exempt Bt
O | ea Aeer ee Bice pati (thet te bey hseln Bavily | Sn sents Forde
Sa PAnéO) LEED Mpteae Lot PARTS BY K OWE | emergency civsto
7 Le access/fire
| ate? dea tS PLLLT ELMAR TOR b BE fecinermone
|_¢ sfet F- OLE, = | AND
| Complies
ELEVATOR OWNER/MANAGEMENT: | hereby certify that the violations have been corractod, — ca i Comply
——. IS Exemy
; Section 553.508; Florida
Signature... — | Statutes: Alternate Power
THe: Date: Requirements.

(Rev. 11/08) (Pozovesa023)

‘WHITE-Ofiice, YELLOW-Oviner, PINK-Inapactor’s CopyEnvironmental Protection and Growth Management Department
aq WARD PERMITTING, LICENSING, AND
CONSUMER PROTECTION DIVISION

alten Elevator Section
a “=e RiDA 1.N. University Dr., Box #302 + Plantation, FL 33324
FOR EMERGENCIES GALL 911

Elevator Type; Traction Passenger

CERTIFICATE OF OPERATION
This certificate shall ba framed in metal with a clear plastic cover and shall be posted
inside the elevator or pialnly visible from the dumbwaiter or escalator.
LINDA SHAPIR, MANAGER
FALLS AT BONAVENTURE
201 RAQUET CLUB RD
WESTON, FL 33326

C Expiration Date: 08/01/2013 14182011

Important Notice
The Certificate af Elevator Operation Is valid for a period of ona year unless suspended or
revoked. Florida Statute 399 requires that a current Elavator Operation certificate be posted
Insidewach elevator.

©} NO SMOKING/NO FUMAR

Section 823.12 F.S., Smoking In elevators Is unlawful, .. . It is unlawful for any person to.
possess any Ignited tobacco product of othe’ Ignited substance while prasent In an elevator.
Any person who violates tnls sectlon is gulity of a misdemeanor of the sacond degree
punishable as provided In S.775,082, &.775,083, and 8.775.084., FS.

Rev, (sie) PCZ009a9214+N, Univeralty Drive, Box £802, Plantation, FL 33324 °
Phone: SA OE IED ERK QBIETOEATOS

0 Approved

Building Ni
i ies fo»

Tv
Ben aye Lent lpr Pas

“4 Routine (7010) CJ Alteration (7030) oe
C1 Acceptance (7800) Temp Permt (7060) | JeKApproved wexceptions sae ae
Oi Test Cat 1 (7020) Li Acoldent (7070) 1 Disapproved Otyer chwe ute

rest Cat 5 (7040) T Call Back-(7090) 0 Owsapproved wiparally |i action Li Residential
[1 Complaint (7080) Pee DlEscalator 0 Other

Inepactor ee a db Tay E CEI he Be ie re wie SL

+ Monti

Your

Building Addrose: +;
Act!

A_og

al Oa bol

Elevatér Maintenance Company

Libs wen!

Prini Name; -

LES Fes

Con

WF |

aiidere% ELEVATOR OWNER ~ SEE REVERSE SIDE FOR DEFINITIONS OF VIOLATIONS

‘The violations noted musi be corrected and Broward County Permitting, Lleensing and Consumer Protection = Elevator: Section
notified of: compliance within 90 days from the date of this inspection. Any elevator owner who ‘ails to comply with this order within
90 days is subjeet-to ‘an administrative fine 4p to $1,000 per uncorrected violation in addition to any other penalty provided by
jaw. If this’ elevator Is tas under a complets service. maintenance contrast, notify your elavatot compary immediately: i

iF LATION CATED, PLEASE DO NOT RETURN THIS FORM,

Machine Room

Hoistway

“Pit

Cab

oF "aul

ADA

VIOLATIONS

Fire Service

Escalators

Miscellaneous

ote

. tee cae
ELEVATOROWNERMMAN AGEMENT: | hereby cofify that the violations have

esp | Pos

Z ita
‘Gc

hee oy

been cori

Bila:

tne en A.

# Fle

DCF (ibs):

NL (psi):

FL (psi:

REL (pel):
Gov (E) (fpm):
Gov (M) (pm
Slide '(iy)x" 7
BT (fvlb):
Stop Skirt Index: 7
This device .

—... Complios

Does Not Comply
_1£ Is Exempt
Saction 399,15, Florida
Statutes: Regional
emergency elevator
access/fire key
requirements.

‘AND

Complles.
_-_/ Poes Not Comply
Is Exempt
Section 853,809; Florida
Statutes: Alternate Power’
Requirements.

{Rev 7/10} (P0201043705)

WHITE-Oflice, YELLOW-Ownar, PINK-Inspectars Copy7 rc ae oy

: ' . &% q 6 de
Traction Elevator Safety Test
KONE Inc. uses ANSYASME A 17.1 Safety & Inspection Code for Elevators & Escalators OO7L
.€6 & minimum standard for the testing of slevator systems,
Date of fost
bbe el
sO lbousddleureer | Rager-Clie fer
Oly Stato, Y2ip Equip. Ure, install date Fascia & holatwey doors
Fu aL ose 2 numboted? yosQ nO

our) ee sanity oe IO fom (capscnja2 SPO ty

Passenger duly” Service duly Q Freight duty) | Pralght ioeding class Gia c2zg 3a

Work order no, cap

[

GOVERNOR overnor type ‘Governor jaw candltlon okC

Lead fiyball O —centifugal “other Jastening condition oka"
‘SAFETIES Mant r ‘Safejlas type ‘A Insiantendous O 5} fexibie guide U ‘Safetioa condition okT
Rule 1902.25 Pi ©} wedge clamp _D) other
‘Cartepa leve} Recctd safetlae rape pull-out: Inches
If not, record distance car .s out-of-level: In, [Record number of turns an diu
BUFFERS: GAR Butler type: epringo) ole ‘Stroke measurements.
aaa Olltevet ok _____| Salsfasiory condtlon ater teste Plungor raturn time
CWT Buffer type: spring ola ‘Stroke messunonin 7. —
Ol level ok: Satisfactory condition atorigite~ Plunger return time.
SAFETY OPERATED || In-car: okU) [ Tep-obsat Pie =o Bvorhond: okey
SWITCHES : —
Rule 1002.26 Directional limit pet down $18:G——" Comp: —_Bulfer:er~ Selector cable
Final limit ner fon | Stack rope: 0 Other.
SLAGKROPE Winding Drum Machines inspected
DEVICES
It Appiivabio Operate manually 0
Rule 1002.20
GOVERNOR or tripping spaed = overs} Ipping speed
Rule 1002.36 ii wana techonieter date:ag P5Se2 tom ctual yy Prom sort 57S tom
Governor tripped w/tul load, In an gverspeed! ooncition I~ [bid tipping'speed require recalibration? O yee
Old governor pull-through require recelibration? () [Governor Is sealed Governor test tays are Installod se
Pullthrough got at tba i
‘SAFETIES ‘Test welght added to cai Record ienagth of fast marks on guide rai ~~ Rooord govemar ropa releasing carior
Ruloto02.de must be aqual rstod capacity. caused by sofotl inches pullshrough eating: Ibs,
‘Safely tost tags are Inctalledie~
BRAKE, Driving machine iy gen stopped, angheld the caret tre lowest lending, wih 125% | Comments;
Ruiat 002.24 oftaied capactyia” Pie
OIL ‘CAR Tast olght added fo ceb Broke mensaromona_—P Bulfor Test tags Inslallodel
fac ieueap must equal rated capacity. Olllevel Condon meee Plunger ratum time 300,
CWT Tast fe run with NO walght ‘Stroke messuroments, 5 In, Buifer Test tage Inatallsch2
Inthe cab, Cll ovel @~ Condition aftor test 2” _| Peungor rtm time_ 300,
EMERGENCY ‘Test Emorgenoy termiral Static Controt Elovaters wih spoads over S¢0fYmin.
mule 1002351 speed limiting devices O ‘Test Emergency terminal stopping devices (2

‘Wea an Inspector presen? Did Customer a of thie tast form?
Oty: ne dations: @ En Gl) (Va) Ew Lisi If

jybv powem WINS aot on lon dP)

that test results are satisfantory. Inspacter’s signalure

Mocteni's signature _ af a ty? 2 utp signature
- aa fle Ht.) —___ 7Building/Prowenty: fit @ tse a #78193

Coptrabtah - dation 6a : ee
fe witht fratignterstamerson operstion

YOrnGd | y¥oOxo /

YOrG [YONG |
YOuG-| YOuno iT, apenas
[TyYoxo {yOne | ; 7
vOwnG) | YONG |

TTT

WF-SEB-0052 {ONE Fire Sarvivy Testing:wes on ns = 8 Se S1SNED BY INSPECTORS ONLY”

? , Broward Counly .
’ BRCWARD Department ct Urban Pfanning and Redevelopment
wits COUNTY BUILDING CODE SERVICES DIVISION
955 S. Federal Highway, For: Lauderdale, FL 33316
Phone: 954-831-4000 « Fax 954-765-4574

THIS 1S AN OFFICIAL LOG AND MUST BE POSTED IN THE “MACHINE ROOM” 61C-5013
Traction Elevator Inspection Device/Serlat number Py ? a

Building Nem: Fa (la of Ramone w Up Ee

adios BO) KO cane lO Chuck Kol. bes lex) ffa-

Speed 2¥p FRM v Current Code - Electrica! Tripping ’Speod.
ie ots : i
Capacity ASOD Current Code - Governér Tripping Speed,

Landings, 4 . ies Buffer type. O1 {
as INSPECTION TYPES

R-Routlne / AC - Acceptance / A- Annual! c- Complaint / ALT- Alleration / TP -Temp

ACT - Accident / RI-~ Re-Inspection / 5 yr- 5 year test »
SIGNATURE & Er

TEST SIGNATURE & - Qe} TEST
EaTe INSPECTION TYPE eee INSPECTION TYPE aaa
aay as
“BE pl ?™ ORSIG
Elect ; Gov. Elect Gov, #2.

bya.
WSN co Ae - Sic

elect F7O Gov oY o | Elect Gov

Elect "Gov Elect \__ Gov.
Elect Gov. | Elect. Gov.
Elect Gov, Elect, Gov

NOTES:. Kee Service Office : ; :
24 hr. Service Telephone Number__877-276:8691
Site-Tdentification TN BAP 27
Site Location S0/ Mag uct elub fed.

Cotitract Number _ Unit ID poe
Date this guide Started &/__/87_ CB Code

Speeiel instructions for servicing, or checlkdng in. and aut.of building:

WE-SEB-0029 (9/2/2003)t

CHOC

4
42
43
44
45
AG
4?
48
a9
50

* For rear openings, insert “R” and date serviced

WE-SEB-0029 (9/2/2003)

InitialsService Record

Contract Number ee Ls Pals “¢ eee
Equipment ID. |

Date 0 | CLAD ee (le?
a peapo#e te oe
Ly | yA TAS S

[ Date :
Service Task | { - I i L
By | , 7 . 7
Date ;
Service Task |
By

Date
Service Task
By

Date
Service Task

Date

Service Task
ZoEEBy

Date : Pee i : ~ -
Service Task I iia [ 4] I | |
By LEE
Dae EE : e ~T
Sewice Task | | _ I [ SIO
By
Date tT Ue Set
Service Task a t i i EH TERE AEH

BY. a eo : |
Date 7 : ] Het E ie

| SewicoTosk | | | 1 | | | L* {_
[by 7

WE-SEB-0029. (9/2/2003)

SEaenseEs a ;; — VISUAL
PATE amr appep | OU-LEVEL IN LEAKAGE

et
Wee [a

ai i

Cee {
| 7 4
Ban

“WE-SEB 0029 (9/2/2003)Purchaser ("Purchaser"}: Service Location {''Premises"): KONE inc. ("KONE")

FALLS OF BONAVENTURE Maintena7ce Migmi
204 RACQUET CLUB RD E
WESTON, 33326 Floriga
KONE Care’ Pius Agreement for Vertical Transportation
("Agreement")

Dav
KONE tne.
(Approved by! Auth epresental ;

PRICE | with KONE for the work all other work related te
the. equipment is Furcraser's tespons:nility

schaser
uartariy aii

$1,300.00 per monih

8) geattenly in ady

ACTION ELEVATORS

instaliment}, °f Purchaser does net sign this
Agreement within YC gays after tre tender date | RELAY LOGIC CONTROL SYSTEM
stated above. KON ight submit a At control system components

reysed pice
MICROPROCESSOR CONTROL SYSTEM

All contral system comporents. System
pertcrmance examinations will be conducted to
ensure tnat dispatching and motion control
systems are operating properly.

SCOPE OF SERV CE

KONE wit perform main arin’
maintain. agjus!, and lubricate the component
listed below. In adgiton, unless sveci

excluded beiow, fe;

SARED/GEARLESS MACHINES.
cared ard gearless machine con

i cr mponens
judgrient,

ar. Unie
specifically iicluded elsewhere in this Agreement
or unless Purchaser nas separately contrac!

WIRING
All elevator contre! wiris

and alt power wiring from

Mamntenance Page 1 of9
Rev. 82/1/11 9 T-O000080S82
4 CONFIDENTIAL
gl © 2006-2610 KONE «nethe elevator equipment input terminals to ne
motor

CAR EQUIPMENT
All slevator contro! system earnponerts on the car

HOISTWAY AND PIT EQUIPMENT

All elevator control ecu.pment, car and
counterweight buffers, overspeed governors.
governor tension sheave assemolies, and car and
counterweight safeties

RAILS AND GUIDES
Guide rais, curde shoe gibs, and rollers.

HOIST ROPES
Heist ropes wil! be lubneated and adjusted tor
equalized tension.

DOOR EQUIPMENT

Automatic coor operators, ncistway and car door
hangers. hoistway and car door contacts, door
protective devices, hoistway Goor inter.ocks, door
gibs, and auxiliary door clesing devices.

MANUAL FREIGHT DOOR EQUIPMENT
Switches, retiring cams. interlocks, guide shoes.
sheaves. rollers. chains sprockets, tensioning
devices, and counter-balancing equipment

POWER FREIGHT DOOR EQUIPMENT
Contrailer, relays, contactors, rectfiers, timers
resistors, Soitd state components. da0r mocors,
retiring cams. interlocks. switches. guide shees,
sheaves. roilers. chains, sprockets, and tensioning
devices.

SIGNALS AND ACCESSORIES

Car operating panels, hall push button stations.
baltlantemns. emergency fighting car and ha!
position indicators cav oserating pane!s freman's
service equipment and all athe: signals. and
accessory facilities {umisned ang installed as an
integral part of the elevator equipment. Re-lamping
of signal focures is included eniy duting KONE’S
maintenance visits. Service requests for re-
iamping of signal fixtures wil be billed separately
2t KONE's then current anor rates.

HOURS OF SERVICE
All services described above wil pe performed
during the regular working hours of the reguiar
working days of the elevator or escaiator trade in
the location where the se-vices ate performed.
untess otherwise specified in the Agreement.

Maintenance
Rev. 8 2/1/11

SERVICE REQUESTS (CALLBACKS

addition to tne work described in the Scope of
Services section. :h:s Agreement covers requests:
co’ S@ivice during the regular working hours of the
regular working days of the efevator trade. Service
lequesis are defined as services that require
immediate attention aad that are witnin the scope
of services and not excluded from the scope of
services as provided below Service requests
outside the scope of services will be billed
separately at KONE's then current fabor rates and
material prices. Service requests that require more
tnan ona technician ar more than two hours to
nolete will be treated as a repair and scheduied
in accordar the Hours of Service section
above Purchaser agrees that KONE may perform
service requests made by any person that KCNE
believes is authorized by Purcnaser to make such
requests

if Purchaser requests service on overtime,
Purchaser will Be charged only ‘o: the difference
between KONE’s hourly billing rate and KONE's
hourly overtime b.ing rate for sach overtime hour.
TESTS

KONE will perform the ‘ollowirg tesis on the

KONE is not liable for any’ property
damage or persona: injury, iscuding death
fesultng from any test

TRACTION ELEVATOR
An annuai no.load test as required by applicebie
cade.

4 five (5) year “Ull ioad test as required by
applicable code.

EXCLUSIONS

The following ate excluced from the svose of
services.

GENERAL
KONE is not abligated to: serform safety tests
othe: then those specified herein; perfarm any
work required by new or retroactive code changes:
perform tests required or correct outstanding
violations or deficiencies identified pricr to the
effective data: make realacemants or repairs
necessitated by fluctuations in the building
Systems. ac machine room.

CONFIDENTIAL

2010 KONE Irs,“anditions (including witheut ‘imitacun wereperatvre
variations beinw $C ceyrees or above 90 cegrees
Fahrenheit) or humidity greater thar: 95% ncn-
condensing water damage, pro: water exposure,
rust, fire, explosion, acis od, misuse
vancaism freft, war or civil strie terro
or mandates of government. labor cisputes,
sttkes, iockouts, or tamperirg with die equipment
by any person other than a KONE representative,
negligence er acts O° omissions of the Purchaser
oF any third party, or any other pause beyorie
XONE's direct control,

acts

KONE agrees to maintair the existing pericrmance
as designed and instatied. KONE is not "equiredt
under this Agreement fo make changes in
operaiion and/or control, subsequent te the dats
this Agesement.

OBSOLESCENCE

component may decome obsolete during the
term of this Agreement. Obsoiete componeris are
not covered under this Agreemert. KONE will
provide “urchaser with a separate quotetion for
the price to replace absulete corponents
Equipment modifications necessary to
accommodate replacement of obsdiete
components will also be af the Purchases
expense.

Components inciude without limitation any part.
companent. assembly, product, or firmware
software module. A componert 's ooso'ete when it
can so longer be economically produced due to
the cessation of consistent sources for materials, a
loss or termination of a manufacturing process
occurs, prodkict reliability 2yalys's shows
jo! ecanomically feasible te continue te produce
the component, escalation of component costs
beyond acceptable indi-siry expectations ative
allemnetive equipment upgraces. the support 9:
procuct safely programs or conformarice to codes
of standards mandates that use of a sampenanit be

iscontinued in its entirety. of the OEM designates
the component as obsolete. No exception te the
above wit be made tar a component designated as
obsolete because -t can bs Gustam rade or
acquired at any prise. KONE wil! not be vequired to
tumnish reconditioned or used components. The
component that rapiaces the obsolete componenss
is coveree Under this Agreement,

ELEVATOR

Refinishing, repairing, replacing, or cisaning of the
sarenclosure gates or door panels, doer pull
raps: noistway enclosure: rail alignment

deor frames: sills’ hoisway gates,

hoistway acon

Mauntenance

‘ocring: power feeders. switshes and their wiring
anc fusing: car fight ciffusers. nailing assemblies
ane attachments: smoke or heat sensors: fans
fireman's phone devices: intercoms: talephones or
sommunication devices; phone lines: music
sysiews. media displays: card-readers or cther
ssourfity systems. compute” monitoring systems:
high! tuees arg bu bs. pit oumps, emergency power
generators, hydraviic cylinder. unexposed piping
or dispcsal or clean-uo of waste oil or
contaminate caused by igaks in the nydraulic
ind2r or anexposed piping KONE Is nat be
figated tc perforn or keep racords of firefighier's
sevica testing. mess specifically included in this
Agreement.

REMOTE MONITORING

Ifthe Equipment is equipped with remote
menitcring capabilities, Purchaser gives KONE the
Tigh? te uti ize this functionality and the prone kine:
io the Euuinment to collect data reiated to the use
aad operation of the Equipment

SAFETY

“chaser will provide a safe workplace for KONE
personnel and sale access 10 the equipment,
property ane machine room areas and xeep all
machine roorns and pit areas free from water,
stored materials and debris; remove and dispese
of any hezardous materials, water or waste
according so apslicab'e laws and regulations. post
ary and all instructions anc warnings related to the
use of the ecuipment. Purchaser will oe solely
respoasinie for proper Use. for supennsing *he use
of the equipmem, and for tak.ng such steps
Including but not fin ted to nravicirg altendant
personne’, warning signs anc other cantrois
necessary fo e1sure the safety of the use: ar safe
operaticn of t wpmant,

ithstancing anything to the contrary containec
in ths Agreement, vin KONE's sale judgment tie
equipment presents a safely hazard to the riding
public of KONE's tactiaicians (inelud.ng dut net
fimiied to Purcraser's act of creating o- allowing
Loses oractices 3: consgitions Gr Purchaser's
failue te suthc.ize necessa’y repairs or upgradias),
KONE may ‘immediately terminate this
+S entvety upon writen netice. Po the exten
KONE provides Purcnaser vaih any cral or writer
account, report. informat on, ar afer statement
ideattying a satety issue with the equigreat that is
the subjec! of the Agreement cr othenvise makes
scOTITIENdBuCN oF preposal lo make a safely
riprevernent ely issue r

CONFIDENTIAL

€: 2009-2010 KONE Ine.© Such equipment. and Purchaser does not
immediately approve KONE’s proposal ov
recommendatioy. Purchaser agrees to indemnify,
defend. and hoig KONE harmiess for ary claims
arising out of Purchaser's failure to compiy with
KONE's recommendations end proposais, and any
Obligation on tre part of KONE ta inderinify or
defend Purchaser with regard to such claim shak
be nul! and void.

NOTICE OF MALFUNCTION Of INJURY

As to any elevator or esi equipment thal is
the subject of the Agreernant. Purchaser will (i)
immediately stu: down any such equipment that
presents a potentia! saiely hazarg: and (i) provide
prompt verbal notice to KONE’s Service Center of
such hazard. @urchaser will immediately aotity
KONE's Service Center of any :njury or accident
of about such equioment, followed by orompt
written notice of such injury or accident. Any
indemnity of Purchaser provided by KONE under
the Agreement becomes null and void ane will not
be considered inniterpreting the Agreement if
Purchasay cores not take the action or provide the
notice required by this provision

THIRD PARTY. VICES

All services within the scave of this Agreement
must be performed by KONE or its subcontractors,
if any. !f Purchaser causes oF permits a third party
to pecform the same or subslantially the same
services required dy this Agreement, Purchaser
waives all claims against KONE arising frorn o¢
related to a third party's performance of suck
services

f Purchaser determines that it requires any
services oulsi¢e the scope of nis Agreement
Purchaser will provide KONE with an oppor sity
lo provide a Guoration for such services or to meat
any offer from party. If KONE agrees to
meet a thi jes, Purchaser will enter into a
sepatate contract with KGINE for such sarvises. If
Purchaser elecis to save @ third pany perform the
secvices, KONE ‘eserves the nght tc adjust the
price of this Agreement

party works on the ecuipment auring the
term of this Agreement, KONE reserves the right to
ect the equipment and may determine that -e-
additional wor is required.
Purchaser wili re-imburse KGNE for the cost the
imspection and any additional wor required. 17

A nes 10 have KONE 2erform the

wors, KONE reserves the right to cance!
L welten notice to Purchaser.

NON-KONE EQUIPMENT

@ equipment covered under Ihis Ag-eement
was not manufactured by KONE (ar a company
acquired by KONE}. Purchaser wilt: (i) previde
KONE with a compiete set of as-built wiring
diagrams and (il) Purchase’ will procure ang say
for replacemart parts or proprietary diagnostic
devices fram the CEM, .f requesied oy KONE.
KONE will reitpburse Purchaser for the actuai cost
paid by Purchaser for OEM parts acquirad at
KONE's recuest. KONE is not responsible for any
oelays. camages, cost. or claims arising from or in
conrection with Purchaser's failure to provide
OEM parts or proprietary diagnostic devices in 8
timely manner. Purchaser authorizes KONE to
produce sngia copies of the EPROM and/or ROM
as for each unit for the sale purpose of ar
archive backup of tre embedded software to allow
for repacement of a defective or damaged chip.
vsese will be stored on the building premises and
atchaser retains possession

TERM ANO TERMINATION

This Agreement wil! commence on the
Zate ard contique for an initiat pered
3) yeas. “his Agreement will iter
automatically renew for succassive terms of

THREE (3) years. Either pany may terminate this
Agreement at the ead cf the initial THREE /3) year
term or a! the end of any subsequent THRE
year term by giving the other party no less than
ninsty (90; days no; more than one aundred
twenty (12C) days witter notice, va certified mail
pricr ta the expiratos date of the then currem tem
of the Agreement

fa party materially preaches the Agreement, the
other patty may provide written notice of the
breach aro a reasonable time under the
circumstances to cure the breach, out in ne event
less than a thirty (30) days cure period. If
breaching party fails te cure the breach within the
specified time pecod. the non-breacking party may
termmats the Agreement union lites: S$
wertten notice te the other party If KONE roti!
Pur. vaser cf a naterial breach pursuant fo this
paragraoh, KONE may temporarily suspand
services under ths Agreement daring the specified
cure pericd

Page 4 of 9

CONFIDENTIAL

O59 KONE Ine.CANCELLATION

If Purchaser cancels cr ctherwise terminates the
Agreement in ary way inconsistert with the
termination pravisons of the Agreement, such
sancellaton will constitute a matarial breach of the
Agreement. iri such ce Purchase: will pay as a
cancellation “ee an amcunt equal to fity percent
(50%) of the balance of the tota: price owed for the
remaining term cf the Agreement, Notwiths:anding
anything ta the contrary in the Agreement, the
cancellation fee wil! be paid cy Purchaser
immediately upon receipt of KONE's
Purchaser will reimburse KONE for all costs of
ceviectien including without fimitatian court costs
and reasonable attorneys’ feae

ASSIGNMENT

1et party may assign the Agre to a thirst
party upon thirty (32) cays friar written notce to
the other party sub: to the terme of this
prevision. If Puschaser transters ownership of tre
premises on which euch equipment is tocated to a
third pany, Purchaser wit promptly provide KONE
with new owners contact information and take all
such actions as ar essary to assign the
Agreement to the third party Purchaser wil
promptly provide KONE with @ copy of sucn
assignment.

PRICE ADJUSTMENTS

If the term of the Agreement e»
ONE nay automatically adjust the
September, 1st each year. This adjustment will be
equal fo the percentage increase or decrease in
KONE's straight tine houriy ‘abor cost. KONE's
raight time hourly labor cost equals she sum of
the straight time hourly rate pius ihe cast of fringe
fits, including witio.t limitation welfare.
pension. vacation, paid haiidays, imsurance and
ether union contributions, paid to personne: where
the Equipment ts locates. KONE reserves the right
to add annua! surcharges to the orice of the
Agreement, including without limitation
adjustments for the then current price of fuel and
charges for disposal or otner environm:

KONE in ts sole discret on and invaiced by KONE
and paid annually dy Purchases.

pine
oe

vate permitted by applicable law wil be applied to
ihe unpaid balance, Purchaser wili reimburse
KONE far ali costs of collector. including without
| nitation court costs and reasonab'e attorneys
fpes

SUSPENSION GF SERVICE

1 Purchaser faiis to pay any invoice within the
specified oaynent terms or if Purchaser breaches
y Material provision of the Agreerrent, KONE

i stop work of suspend its sarvises until all
invoices are current or Purchaser cures the
breach

Any raquesis for service curirg the pericd of
Suspension cf service or reperrs necessitated by
the lack of mairtenance service will be invoiced by
KONE and paid separately by Purchaser.

if Purcnaser fails to make wrwely payment, any
ingertnity providea by

Case Info

Judge

Frink, Keathan B. Track Judge’s New Case

Case No.

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Document Filed Date

July 13, 2016

Case Filing Date

March 24, 2016

County

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Party Discovery: Thomas W Midkiff, Jr. Plaintiff vs. Roizman Development, Inc., et al Defendant

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Case Info

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