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Tire Lease clgreement IFB DI'TS 2019-02 <br /> If the City were to lase passession of arty af Bridg�star�e's tires on the Leased Vehicles, then the City <br /> shaii pay Bridgestone for each tire (including spares)as set forth in Paragraph 11 hereof. <br /> 7.SALE OR fJISPOSMTION OF VEHICLE.The City shalf notify Bridgestone prior to any sale or dispasition of <br /> any of the City's vehicles equipped with Bridgestone's tires and,unless Bridgestone requests otherw+se, <br /> the City shall purchase the unused mileage in each tire and for any tires and extra tubes which remain in <br /> stock after such veh'scles have been so{d or disposed c�f which cannot be used on other vehicles in the <br /> City's fleet. Bridgestone shall have the right to request the remaval pP all serviceable Bridgestone tires <br /> on parked or inactive vehicles if they rerrtain parked or inactive for more than ninety(90y tfays and the <br /> return of such tires to the City's reserue supply.Ttae City shall then replace the remaved tires with scrap <br /> tires{see Attachment t}. Payment for the unused rroileage and tubes acquired by the City under this <br /> paragraph shall be on the basis and within the time set forth in Paragraph 11 hereof. <br /> 8. L�SS OF TiRES.The cost fo�normal damage to tires shall be inciuded in the rate per tire mile. <br /> "Normal damage"to a tire shall mean the partial ar whale destruction of a tire by means other than <br /> normal wear(cuts and bruises),including but not limited to irregular wear,damage from brake heat, <br /> curbing, road hazards, and rr�isafignment. The City agrees to maintain buses'suspension anc!steering in <br /> accordance with bus manufacturers' alignment specifications and to keep brakes properly adjusted. <br /> 7ires which have been damaged beyond repair bp an accident,rnalicious abuse,fire,or which have been <br /> lost or stolen, shall be paid for by the City as of the date of accident, loss or theft an the basis,and <br /> within tl�e time,set forth in Paragraph 11 hereof. <br /> 9.CONTINGENCIES. In the event of fire,strikes,accidents, consequences of foreign or damestic wars, <br /> terrorism,ar any cause beyond either party`s reasonabie cantroi which will delay or interfere with its <br /> performance of its obligations hereunder,such performance may,at the option of either party, be <br /> suspended during the period required to remave such cause. In the event Sridgestone discantinues the <br /> manuFacture and marketing of any sixe or type tire supplied pursuant to this Agreement, Bridgestone <br /> shaEl so notify the City and,upan written natice by either party ta the other,this Agreement and all <br /> related agreements between the parties shall be deemed terminated upon the same terms and <br /> conditions set farth in Paragraph 11 hereof,effective ninety(90j days from receipt of such written <br /> notice. <br /> This Agreement is subject to all present or future governme�tal regulations affecting praductian, <br /> delivery,sale, use o�possession of the products leased hereunder. the City sha1)promptly not'sfy <br /> Bridgestone of any accident or claims resulting fram an alleged tire failure. The City agrees to defend, <br /> save a�d hold Bridgestone harmless fram all clainns ar actions far damages ta property or injury to <br /> persans, including death,arising out of the use or possession pf products furnished hereunder or the <br /> perfo�-mance af any senrice related thereto,except#or claims or actions ti�at result fram defects in <br /> material or workmanship of any tire manufactured and furnished by Bridgestone under tMis Agreement <br /> and/or the negligent acts or omissions of Bridgestane,its ag�nts or employees. <br /> 10. DE�AU�T. In the event the Gity should fail to make any payment required hereunder when due,fail <br /> to use or service tires furnished hereunder in accordance with Bridgestone`s recommendations,fail to <br /> report a record of the daily revenue and non-tevenue vehicle miles as required in Paragraph 2 hereof,or <br /> otherwise fail to comply with any of the terms and conditions of this Agreement,ar in the event any <br /> voluntary or invc�Runtary proceedings shall be fiEed against or by the City under any bankruptcy law ar <br /> other law far the relief of debtars,or the City's credit shall in any manner become impaired, (a.) <br /> 4 <br />