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R98-90 ACCEPTING THE Firestone Bid Bus Tire Lease
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R98-90 ACCEPTING THE Firestone Bid Bus Tire Lease
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4/12/2016 10:02:47 AM
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Resolution/Ordinance
Res Ord Num
R98-90
Res Ord Title
ACCEPTING THE BID - BRIDGESTONE / FIRESTONE INC. - CITY PROJECT 9899-04
Approved Date
7/6/1998
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.; ` • <br /> . <br /> -5- ' <br /> The foregoing notwithstanding, Operator may upon 30 days written notice �i <br /> via CERTIFIED MAIL prior to the expiration date of this Agreement, and , <br /> all addenda, elect to continue using ("run out") all the tires in � <br /> Operator's possession at the rate or rates in effect during the six ' <br /> months prior to termination until permanently removed from service, but I <br /> in no event shall such period exceed thirty-six months after the normal i <br /> termination date. Durin said thirt -six month eriod 0 erator shall to � <br /> i g Y P � P I <br /> the extent practicable, continuously use such tires on its highest � <br />� mileage runs until they are rendered permanently unfit for service. II <br /> During said run out period all terms and conditions of this Agreement <br /> shall continue in effect; provided, however, that Firestone shall not be <br /> obligated to furnish any service to Operator or to furnish replacement � <br /> tires for those tires removed from service. At the expiration of said 'i <br />' run out period, Operator shall pay for remaining original tread tires and I <br /> for tubes at the price and in the manner set forth above. Any payment 'I <br /> for tires and tubes required to be purchased by Operator under this I <br /> Paragraph 10 or any other provision of this Agreement shall be made , <br /> within thirty days after date of invoice covering purchase thereof. � <br /> Operator will acquire each such used tire as is, and Firestone makes no I <br /> warranties as to the condition or fitness for continued use of such il <br /> tires. � <br /> 11. TITLE--The title to, and ownership of, all tires, and equipment, if any, <br /> furnished under this Agreement shall remain in Firestone until Operator, <br /> if required to do so hereunder, has made complete payment therefor. <br /> Operator agrees to assume the responsibility for the safekeeping of all <br /> such tires and any equipment, and to reimburse Firestone for any loss <br /> resulting from Operator's failure to safely keep such tires and any <br /> equipment. <br /> 12. SECURITY INTERESTS--For the purpose of securing payment of all sums that <br /> may be owed by Operator to Firestone, including but not limited to <br /> payment for mileage run and for any tires required to be purchased by <br /> Operator hereunder, Operator hereby grants to Firestone a security <br /> interest in and to any tires or equipment furnished by Firestone in which <br /> Operator, by virtue of present or future laws or the operation of this <br /> Agreement, has or is deemed to have an interest, wherever the same may <br /> be, and in any proceeds from the sale or other disposition of said tires <br /> or equipment. Operator further agrees to join in the execution, execute, <br /> or cause to be executed at any time such Financing Statements, <br /> Continuation Statements, and other documents as Firestone shall deem <br /> necessary or advisable to protect its rights in and to any goods leased <br /> hereunder and/or perfect or continue perfected the security interest <br /> given in this Agreement. <br /> 13. ASSIGNMENT--Operator shall not sell, transfer, sublease or assign any of <br /> its rights or interest under this Agreement, in whole or in part, to any <br /> other person, corporation, partnership or authority, without the prior <br /> written consent of Firestone, which consent shall not be unreasonably <br /> withheld. In the event of any such sale, transfer, sublease or <br /> assignment with Firestone's consent, Operator shall remain fully bound by <br /> the terms hereof, including but not limited to the prompt payment for all <br /> mileages run, unless and until Operator is relieved of such obligations <br /> in writing by an officer of Firestone. <br />
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