R2014-58 AUTHORIZING EXECUTION OF TIRE LEASE AGREEMENT

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or from liability for damages for breach of this Agreement in accordance with the terms thereof. Without limiting any other provision hereof, Operator specifically agrees that it shall be responsible for and pay any and all attorney fees, court costs and other expenses incurred by Bridgestone in collecting amounts owed by Operator hereunder or enforcing any other right under this Agreement. Failure of Bridgestone to terminate this Agreement as herein provided on any breach by Operator shall not operate as a waiver by Bridgestone of its right to terminate this Agreement as herein provided upon any subsequent breach by Operator. 11. TERMINATION--Upon the termination by full performance and expiration of this Agreement, unless the parties enter into a new Tire Lease Agreement to become effective immediately, Operator will, within thirty (30) days after termination pay for the unused mileage in each remaining tire on vehicles, in Operator's garage, in process of repair or retreading, in transit or in stock, that have been assigned by Bridgestone to Operator's fleet in accordance with the provisions hereof. The remaining mileage for original and retread tires shall be determined by multiplying the number of 32nds of an inch of available rubber remaining on each tire by the applicable cost per 32"d then in effect and shown below. CONTRACT FIXED COST PER 32ND - ORIGINAL TIRE YEAR YEAR YEAR YEAR YEAR SIZE ONE TWO THREE FOUR FIVE CITY TRANS 315/801122.5 RAD 17.28 17.97 18.69 19.44 20.22 275/701122.5 R192 19.33 20.10 20.91 21.74 22.61 91122.5 R250F 18.54 19.28 20.05 20.85 21.69 CONTRACT FIXED COST PER 32ND - RETREAD TIRE YEAR YEAR YEAR YEAR YEAR SIZE ONE TWO THREE FOUR FIVE 315/80R22.5 $ 12.65 $ 13.41 $ 14.21 $ 15.07 $ 15.97 275/70R22.5 $ 10.96 $ 11.61 $ 12.31 $ 13.05 $ 13.83 9R22.5 $ 10.96 $ 11.61 1 $ 12.31 $ 13.05 1 $ 13.83 Example: 13/32nds remaining x $10.00/32nds = $130.00 When a tire is not available for inspection to apply the above calculation(s) whether lost, stolen or otherwise missing, or destroyed by fire, or involved in an accident, reimbursement shall not be in excess of fifty percent (50%) of the current value of a similar tire, unless Bridgestone can provide an auditable accounting of the tire's accurate mileage just prior to the loss. The foregoing notwithstanding, Operator may upon thirty (30) days written notice via CERTIFIED MAIL prior to the expiration date of this Agreement, and all addenda, elect to continue using ("run out") all the tires in Operator's possession at the rate or rates in effect during the period prior to termination until permanently removed from service, but in no event shall such period exceed thirty-six months after the normal termination date. During said thirty-six month period, Operator shall to the extent practicable, continuously use such tires on its highest mileage runs until they are rendered permanently unfit for service. During said run out period all terms and conditions of Bridgestone- July 1,2014 Page 5