R93-113 ACCEPTING BID - BRIDGESTONE / FIRESTONE

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� ' -3- �. A OR SPO T OF HI E--Operator ghali notify Fireeted�with�r to any nale ar disposition of eny of operator'g vehicles equipp Fireetone'e tires and, un�eee Firestone reqaeetg otherwiBe, Operator eb$il Qurchase the unused mileage in each tire and for any tirea and extra tu�es which remain in etock after such vehiclea have been �oid or di�poaed of whiah cannot be ueed on ather vehicles in operetor's flee�. Firestone shall have the right to reques� the removal of all aervicesble Firestane tiree on parked or inactive vehicleg if they remain parked or inactive far more than ninety daya and return such tiireg to Oper�tor'a reserve aupply. &aid tires shall then be replaced with gcrap tireg (eee Attachment I) . Payment fox the unused mileage and tubee acquirad by Operator under thig paragraph sh�il be on th� basfs and within the time set forth in Paraqra�h 10 hereof. �. jtos9 oF T�--Rny tiree which have been damaged beyond repair by en accident, maliciou� abuse, fire, or which have been loet ox �tolen, ehail ba paid �or by Operatar as of the date of accident, loee or theft on the hasfs, and within the time, �et forth in Paragraph 10 hereof. g. CQNTINGENCI�--In th$ event of fire, etrike�, accfdente, conaequenceg of foreign or domestic warg or any cause beyond either partiy'� reasonable control whiah wili delay or interfere with ita performanae of �te obligatione hereunder, �uch performance may, at the optfon of either p�rty, b� euspended dur�ng the period requfred to remove �uch cauea. In the event Fire�ton� discontinuee the manufacture and marketing ot any eize or tylae tire �upplied pureuant to this Agreement, Firestone ehall so avtify operator and. upon written notice by ei�her party to the other, this Agreement and ail related agreemente between the parties ahall be deemed terroi�ated upon the san►s tarmg and conditiang eet forth in Paragraph 10 below, effective ninety (90) dayg from receipt of such written notice. Thie Agreement ie eubject to all preaent or future goverrunental requlatione affectfng produotion, delivery, sale, use or pos�eesion oP the produvta leased hereunder. Operator ehall promptly notify Firestone o£ any accident or claims resulting from an alleged tire failure. Operatar agrees to defend, �ave and hoid Fire�tone harmlees from all claims or actions for damages to property or injury to pergone. includinq death, arieing out ot the u�e or poesession of produc�e furni�hed hereunder or the performance of any eervice related thereto, excep� for claims or ac�ions thati reault f�om defect� in material or wor3ananship of any �ire manufactured and furnished by Firestone under thi� Agreement and/or the negiigent acta or omieeiong of Firestone, ite agenta ox employees. g, pEFAUL�-�Ia case of Firestvne's breach of any �aterfal provi�ioa hersunder, the Opergtor sh�ii give prompt writteA notice of such breach, aet�ing forth the facta in reasonable detail. zn t30 �d�ns tor�i� cages Fir�gtopo baa not oured �uch breach withirt thirty ( ) Y ( of breaCbes which require a longer period to cure, has failed to co�o�aence upon such curQ within said periad and thereafter to diligently proceed with the sa�e to campletion), the operator shall have the right to termiaste thfs Agreea►eat �ithout furtibsr notice. This agreement �Lall also be tera►inabla for cauae at the option ot the Operator if Firestone i� adjudicAted bankrupt, is subjected to tbe appo�ntment of a receiver and faile to havs such receiver removed within ainety (90) days; haa �mp d fails ta rew�ove 6uch aLtachmen t within , ot its property attached an t 90 da s � bacones insalventf or, for a pe riod of nfue y ( ) Y ninety (90) d�ys, . 90 da �t , i� uuabi• to pay it� aebts As tbe same becorae due, upon ninety ( ) Y notics.