R93-113 ACCEPTING BID - BRIDGESTONE / FIRESTONE

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• -4- In the event Operator should fail to make any payment required hereunder when due, fail to use or service tires furnished hereunder in accordance with Firestone's recommendations, fail to report a record of the daily revenue and non-revenue vehicle miles as required in Paragraph 2 hereof, or otherwise fail to comply with any of the terms and conditions of this Agreement, or in the event any voluntary or involuntary proceedings shall be filed against or by Operator under any bankruptcy law or other law for the relief of debtors, or Operator's credit shall in any manner become impaired, such event shall constitute a default by Operator hereunder. Upon the occurrence of any such default, Firestone shall upon 30 days' prior written notice to Operator terminate this Agreement and, upon any exercise of such right to terminate, Operator shall at the sole election of Firestone forthwith return Firestone's property furnished hereunder, or make payment therefor as of the date of termination on the basis and within the time set forth in Paragraph 10 hereof. Upon the failure or refusal of the Operator to return said property, process of law will be required in order to repossess said property. Termination of this Agree- ment shall not relieve Operator from its obligations to make all payments required hereunder 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 Firestone in collecting amounts owed by Operatorhereunder or enforcing any other right under this Agreement. Failure of Firestone to terminate this Agreement as herein provided on any breach by Operator shall not operate as a waiver by Firestone of its right to terminate this Agreement as herein provided upon any subsequent breach by Operator. 10. 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 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 Firestone to Operator's - fleet in accordance with the provisions hereof. Payment for original and retread tires shall be prorated by determining the percentage of tread rubber remaining multiplied by the following base mileage average times the applicable billing rate. BASE MILEAGE AVERAGE Size Oriainal 12.5-22.5 (CF) 70,000 The foregoing notwithstanding, Operator may upon 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 six months 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 this Agreement shall continue in effect; provided, however, that Firestone shall not be obligated to furnish any service to Operator or to furnish replacement tires for those tires removed from service. At the expiration of said run out period, Operator shall pay for remaining original tread tires and for tubes at the price and in the manner set forth above. Any payment for tires and tubes required to be purchased by Operator under this , Paragraph 10 or any other provision of this Agreement shall be made within thirty days after date of invoice covering purchase thereof. Operator will acquire each such used tire as is, and Firestone makes no warranties as to the condition or fitness for continued use of such tires.