R2014-58 AUTHORIZING EXECUTION OF TIRE LEASE AGREEMENT

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C. The City in its sole discretion may, in the case of a termination for breach or default, allow Bridgestone an opportunity to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and all other appropriate conditions. The time period in which cure is permitted shall be no less than ten (10) days and no more than thirty (30) days following receipt by Bridgestone of written notice from the City setting forth the nature of said breach or default. If Bridgestone fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Agreement within the specified time period in which cure is permitted, the City shall have the right to terminate the Agreement without any further obligation to Bridgestone. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Bridgestone and its sureties for said breach or default. D. In the event that the City elects to waive its remedies for any breach by Bridgestone of any covenant, term or condition of this Agreement, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. 20. FINANCIAL ASSISTANCE--This Agreement is subject to the funding and approval of the US Department of Transportation, Federal Transit Administration (FTA) and the Illinois Department of Transportation (IDOT), and is subject to financial assistance contracts between the City of Decatur and the Illinois Department of Transportation and the US Department of Transportation, Federal Transit Administration. In the event of funding unavailability, the City will promptly terminate this Agreement and will pay Bridgestone for the remaining value of tread on leased tires mounted on buses and in spare stock at a cost calculated in,accordance with this Agreement's formula for valuing tires, and shall take title to such tires on an "as is" basis. 21. REQUIRED CLAUSES--Bridgestone shall comply with all applicable Federal Transit Administration (FTA) regulations including, but not limited to those listed in Attachment II, "Required Clauses," hereof. Federal requirements may change and the changed requirements shall apply to the project as required, unless the Federal Government determines otherwise. Bridgestone or any subcontractor shall insert in any subcontracts all of the clauses set forth in Attachment II hereof, along with their related forms (Attachment III), and shall also insert a clause requiring the subcontractor(s) to include these clauses in any lower tier subcontract(s). The clauses shall not be modified except to identify the subcontractor who will be subject to the provision. Bridgestone shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Attachment II hereof. 22. COMMUNICATIONS--For purposes of this Agreement, all notices and other communications shall be addressed to the respective parties as follows: CITY BRI DG ESTO N E The City of Decatur, Illinois Bridgestone Americas Tire Operations, LLC Mass Transit Administrator Mileage Sales Division #1 Gary K. Anderson Plaza 535 Marriott Drive Decatur, IL 62523-1196 Nashville, TN 37214 Bridgestone- July 1,2014 Page 8