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-2- <br /> The biiling ratie ehown b�low aseumea Firestone'a ability to procure and <br /> uee euch materiai� and manufacturing methods ae were procured and ueed <br /> prior to the date of thi� Agreementi, and are ba8ed upon proven experience <br /> o! mi�eage delivered thereunder. If lawa, chanqe� in vehfciee, <br /> covernmerital Xegulation� ox other causes beyond Firestone'e reaeonable <br /> ontrol require any �hariga in euch materials, performance or methodg <br />' whi�h reduce the mileage available fram the tires to be furni�hed <br /> hereunder or which increase �irestone'e coat�, operator agreee that the <br /> billinq rata ehall be adjusted to comgensate theXefor. <br /> BILLING RRT� p�R VEHIGLE MILE <br /> YEAR 1 THROV��i�EAR 3 <br /> 12.5-22.5 (CF) $.03169Q <br /> 3. TAxEB, CHARGES--Operator agrees to furnieh state and federal tax <br /> examption certi.ficate numberA to Firestane for any salee, exciee, use, <br /> diapo�al, processing er gimilar tax or feeg impoeed upon th6 qaodg go2d <br /> or eervice� reridered hereunder. <br /> 4. FURCxAS� OF VEHICL��--Vehiclee purchased by �perator during the tarm af <br /> �hi� Agreement o►ay bs purchased with tba tires or may be obtainad from <br /> the manufacturar, or cther seller without tires {unle�e eaid vehicies <br /> are included wfthin the five percent (5$) or leas af the fleet upon which <br /> Op2rator has elected to test tires of other $upplierg), and Operator will <br /> notily Firestone of euch purchase ea that F'irestone may spe�ify and <br /> furnish to �ha manufacturer'e aontinental United States facility the ei�e <br /> and type o! tires to be placed on the vehioles. Any lease tires <br /> �►uthoXised by tbe Operatox for causiqnment to OE vnhicle maaufacturer <br /> tibs� �re loet, stolen, or damaged while in the posseesion ot the vehiCle <br /> manuPacturer, or other seller, pr while the vehicle i� being Qelivered to <br /> the Operatox, shall be paid for by Operator on the basie set forth in <br /> �aragraph 10 her�of. xf any euch vehiclea equipped with tires fuxr►i�hed <br /> by Fireston� �hall be driven everland instead of beinq ehipp�d, Operator <br /> ehall pay Firestone for use of euch tires at the billing rate per vehicle <br /> mile then in effect within thirty (30) days after receipt of invoice. <br /> 5. LEAS�U VEHICLES--operator represents and warrante that it outright awna <br /> �+11 vehiclee referenced in Paragraph 1. If, during the term of thie <br /> Agreemen�, including any and all addenda, Operator acquires the right to <br /> � operate any Vehiclee not owned by it by entering int0 a Xental or other <br /> form of agreement with th� owner of euch vehicle� ("Leased Vehiclee"), <br /> pperator ac�reee to th� following� a) Natify Firestone of suah an <br /> agreement= b) All Leased Vehicles will be furnished to Operator le�e <br /> tire� in order that �aid vehiclee be equipped with Fire�tone tiree. <br /> Th�ge tirea ehall be subject to the terms of thi� Agreement, unleee the <br /> Leased Vehiclea are included under the ffve percent (5�y testing <br /> proviaian= and c) obtain from the owner of such vehiclee, aaknowledgement <br /> to Fireetone's ownerahip and right to possession ot all tiree eupplied <br /> under khie Agr��menti, a»d waivee any and all riqhts to eai.d tireg. <br /> Shauld Oparator terminate or otherwise lose posse�sion of any of the <br /> Leaged Vehiclee equipped with F'i.restone tir�g, Operator ehall pay far <br /> each tire (includinq sparee) as set forth in Paragraph 10 hereof. <br />