HomeMy WebLinkAboutUntitled (2) III S
AmeriData d
Operations r•:., arters Telephone:6 -2500 North Central Region Service Telephone:612-531-3840
10200 51st A 1. orjti 1:611 Free:801 tas 9433 Science Center Drive Toll Free:800-811-1671
Minneapolis ' - 44i Facsimile:61 - 946 New Hope,MN 55428 Facsimile:612-531-3886
CITY OF
OAK PARK HEIGHTS Effective Date 5-12-96
Customer No. OAK080
Cust.P0
AGREEMENT FOR AMERIDATA SERVICES
Customer Name: City of Oak Park Heights
Street Address: 14168 57th Street N., P.Cj Box 2007
City: Stillwater State: MN Zip: 55082
Customer Contact: Phone:
Customer identified above, agrees to purchase and AmeriData agrees to furnish On-Site Maintenance Service("Maintenance") for the
Equipment listed on the Customer Equipment List which is attached to and made part of this Agreement. This Agreement constitutes the
entire Agreement between Customer and AmeriData,and replaces all prior oral or written communication between the parties.
Definitions: The following definitions are integral to the Terms of this Agreement.
A.Effective Date-the mutually agreed to date to begin the F.Remedial Maintenance-the service furnished to restore
maintenance coverage for Eligible Equipment under this Agreement. Equipment to good operating condition.
B.Eligible Equipment-the Equipment which is acceptable for TERMS AND CONDITIONS
Maintenance under this Agreement as included on the Customer 1.TERM
Equipment List included herein. Eligible Equipment may be:
(1)AmeriData supplied Equipment,which may be in or out of The initial term of this Agreement is for a period of one(1)year
warranty; from its Effective Date. At the end of the initial term,and any
(2)Equipment which is acceptable as a result of AmeriData's pre- subsequent renewal terms,this Schedule will automatically renew
acceptance inspection;or for a successive one(1)year period unless either party provides the
(3)Equipment which was previously under AmeriData's maintenance other party with w:itten notice at least thirty(30)days prior to the
coverage immediately prior to acceptance under this Agreement. Effective Date anniversary. Equipment added after the Effective
Date will assume the remaining portion of the initial term or
C.Maintenance-Remedial On-Site Maintenance Service furnished subsequent renewal term.
under this Agreement.
D.Normal Office Hours-8 AM-5 PM(local time)Monday through 2.TAXES
Friday,excluding the following holidays,as observed by AmeriData: Customer agrees to pay all applicable taxes which result from any
New Years Day,Memorial Day,Independence Day,Labor Day, transaction under this Agreement,excluding taxes based on
Thanksgiving Day and Christmas Day. AmeriData's net income. If Customer claims exemption from any
E.Normal Wear-the wear that occurs to Equipment while operated such taxes,Customer will provide AmeriData with the
within specifications and for the purpose for which it is intended. documentation required by the taxing authority,to support the
exemption.
Customer and AmeriData acknowledge that they have read and understand the Terms and Conditions of this Agreement and by their
signatures below,agree to be legally bound by such Terms and Conditions.
Accepted by: Accepted by: ' `
Customer Name City of Oak Park Heights AmeriD a,Inc.
By (Authorized Sign,ture By (Aut prized Signa ro))
�k ,, /
, s
e(ty t or print) Judy L. Hoist Name(type or print) Jay Gordon
Title Deputy Clerk/Finance Dir.. Title Servic Mana er
Date April 12, 1996 Date 11 'II)
FOR SERVICE CALL 1-800/S8S-2508 OR 612/559-2520
0 I
TERMS AND CONDITIONS..
3.INVOICES AND CHARGES B.Customer agrees to provide and maintain timely and accurate inventory
listings of Equipment under this Agreement and to notify AmeriData
A.Charges for Maintenance,in accordance with the Customer Equipment within seven(7)days of any alteration,modification or relocation of such
List,begin on the Effective Date and will be invoiced in advance. Invoices Equipment.
are due and payable upon receipt,and are deemed as late if payment is not
received within thirty(30)days of invoice date. Monthly charges due for 7.REMEDY
fractional parts of a calendar month will be computed at a rate of one-
thirtieth of the monthly charges for each day. Late payments are subject to AmeriData's entire liability and Customer's exclusive remedy, for any
a 2% per month surcharge, or the maximum rate permitted by law, claim concerning performance or nonperformance by AmeriData pursuant
whichever is less, to or in any other way related to this Agreement or any Supplement hereto,
shall be limited to the recovery of actual damages as follows: AmeriData's
B. Extra charges will apply to 1) service calls authorized by Customer liability for damages to Customer for any cause whatsoever,and regardless
which are outside Normal Office Hours of coverage;2)service for causes of the form of action,whether in contract or in tort including negligence,
not attributable to Normal Wear; and 3) other services such as, but not shall be the lesser of 515,000 or the amount which would be due for six(6)
limited to, software fixes, refurbishment, cosmetic enhancement, month's Maintenance provided under this Agreement. This limitation of
installation,deinstsliafion and relocation of Equipment Such charges will liability will not apply to claims for personal iniury or damage to real or
be invoiced to Customer after the service is furnished in accordance with tangible personal property caused by AmeriData's negligence.
AmeriData's then current pricing and applicable business practices.
8.TERMINATION
C. AmeriData may adjust the charges for service provided under this
Agreement,effective anytime after the initial term, by providing at least A. Except as otherwise specified in this Agreement, either party may
sixty(60)days prior written notice which may be given during the initial terminate Maintenance for Equipment after the initial term or any renewal
term. term by giving at least thirty(30)days prior written notice,which may be
given prior to the Agreement anniversary date.
4.DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
AND LIABILITIES. B. During the initial term or the period covered by any renewal term,
Customer may, after providing at least thirty (30) days written notice,
A.AMERIDATA MAKES NO WARRANTIES,EXPRESS OR IMPLIED, terminate unit(s) of Equipment by paying any early termination charge
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF equal to thirty(30) percent of the remaining charges applicable for such
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. terminated Equipment for its remaining term.
B. AMERIDATA WILL NOT BE LIABLE FOR ANY LOSS OR C.Either party may terminate this Agreement for failure of the other to
DAMAGES CAUSED BY DELAY IN FURNISHING EQUIPMENT, comply with its Terms and Conditions.
PRODUCTS, SERVICES OR ANY OTHER PERFORMANCE UNDER
THIS AGREEMENT. AMERIDATA'S ENTIRE LIABILITY AND D. Upon termination of this Agreement, Customer agrees not to disclose
CUSTOMER'S EXCLUSIVE REMEDIES FOR AMERIDATA'S any maintenance aids,which may be in the form of software or written
LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR documentation, that was provided by AmeriData in providing service
NEGLIGENCE) FOR THE SERVICES COVERED BY THIS under this Agreement.
AGREEMENT ARE LIMITED TO THE REMEDIES PROVIDED IN
THIS AGREEMENT AS IDENTIFIED BY THE WORDS "REMEDY" 9.GENERAL PROVISIONS
OR"REMEDIES".
A.Customer may not assign or otherwise transfer its rights or obligations
C. IN NO EVENT WILL AMERIDATA BE LIABLE FOR ANY under this Agreement except with the written consent of AmeriData,which
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL shall not be unreasonably withheld.
DAMAGES,THIRD PARTY CLAIMS,LOSS OF USE,LOSS OF DATA,
LOSS OF INCOME OR PROFIT,LOSS OF VALUE TO EQUIPMENT B.AmeriData will not be responsible for failure to perform its obligations
OR AFFILIATED COMPONENTS. under this Agreement due to causes beyond its reasonable control.
5.DESCRIPTION OF MAINTENANCE C. This Agreement may not lx changed except by written amendment
signed by authorized representatives of the parties.
A.AmeriData will provide Maintenance during Normal Office Hours for
the charges specified in the Customer Equipment List. Maintenance D.This Agreement shall be governed by the laws of the State of Minnesota.
includes:
(1)On-Site Remedial Maintenance; E.No action under this Agreement may be brought by either party more
(2)Labor and parts required because of Normal Wear; than two(2)years after the cause of action has accrued.
(3) Installation of parts, either new or refurbished to perform as if new
(replaced parts will become the property of AmeriData);and F. The Terms and Conditions of this Agreement shall prevail over any
(4) Use of tools, test equipment, maintenance aids and remote access by conflicting,additional or other terms appearing on any order submitted by
maintenance personnel. Customer.
B.For certain Equipment,AmeriData may subcontract Maintenance. G.If any provision of this Agreement is deemed,by a court of competent
jurisdiction,invalid or unenforceable,such judgement shall not invalidate
6.CUSTOMER RESPONSIBILITIES or render unenforceable the remainder of the Agreement.
A.Customer agrees,at no cost to AmeriData,to: H.Customer represents that it has the authority to enter this Agreement.
(1)Not attempt repairs to the Equipment unless authorized by AmeriData;
(2)Notify AmeriData immediately of Equipment failure; I.Any notice,under this Agreement,shall be in writing and forwarded via
(3) Allow maintenance personnel full, free and timely access to the United States Mail.
Equipment;
(4)Permit use of remote access when applicable; J.AmeriData reserves the right to cancel this Agreement if Customer is in
(5) Provide reasonable facilities such as, but not limited to,a work area default of any other Agreement with AmeriData.
with adequate heat,light and power and access to local telephone line(long
distance telephone charges shall be the responsibility of AmeriData); K. The failure to enforce any provisions of this Agreement shall not
(6)Maintain site environment which is consistent with the manufacturer's constitute a waiver of or right to pursue any prior or subsequent breach
specifications which includes, but is not limited to, adequate free space violation or default of the Agreement.
immediately to the equipment,so as not to in any way obstruct air flow,and
proper anti-static procedures to minimize static buildup; L. AmeriData's programs, documentation, manuals, and other printed
(7)Perform routine cleaning and replace consumable items,including but material are confidential in nature and shall not be used or disclosed to a
not limited to, batteries, printer ribbons, toner cartridges, paper and third party by Customer for any purpose other than as necessary to
replaceable print bands;and perform this Agreement. AmeriData and Customer shall each exercise the
(8)Execute proper data back-up and recovery procedures before and after same standard of care to protect any proprietary or confidential data of the
service is rendered under this Agreement. AmeriData is not responsible for other disclosed during the performance of this Agreement, as is used to
any cost associated with lost data or reconstructing data which may be lost protect its own proprietary or confidential data.
while performing service hereunder.
ASF 0003 STD-REV.03-01-95
AmeriData,
Operations Headquarters Telephone:612-557-2500 North Central Region Service Telephone:612-531-3840
10200 51st Avenue North Toll Free:800-US-Datas 9433 Science Center Drive Toll Free:800-811-1671
Minneapolis,MN 55442 Facsimile:612-557-6946 New Hope,MN 55428 Facsimile:612-531-3886
c) epil'ef2 Effective Date 5-12-96
615! e5 -• Customer No. OAK080
Cust.PO
AGREEMENT FOR AMERIDATA SERVICES
Customer Name: City of Oak Park Heights
Street Address: 14168 57th Street N., P.O.Box 2007
City: Stillwater State: MN Zip: 55082
Customer Contact: Phone:
Customer identified above, agrees to purchase and AmeriData agrees to furnish On-Site Maintenance Service ("Maintenance") for the
Equipment listed on the Customer Equipment List which is attached to and made part of this Agreement. This Agreement constitutes the
entire Agreement between Customer and AmeriData,and replaces all prior oral or written communication between the parties.
Definitions: The following definitions are integral to the Terms of this Agreement.
A.Effective Date-;the mutually agreed to date to begin the F.Remedial Maintenance the service furnished to restore
maintenance coverage for Eligible Equipment under this Agreement. Equipment to good operating condition.
B.Eligible Equipment-the Equipment which is acceptable for TERMS AND CONDITIONS
Maintenance under this Agreement as included on the Customer 1.TERM
•
Equipment List included herein. Eligible Equipment may be:
(1)AmeriData supplied Equipment,which may be in or out of The initial term of this Agreement is for a period of one(1)year
warranty; from its Effective Date. At the end of the initial term,and any
(2)Equipment which is acceptable as a result of AmeriData's pre- subsequent renewal terms,this Schedule will automatically renew
acceptance inspection;or for a successive one(1)year period unless either party provides the
E ui merit which was reviousl under AmeriData's maintenance other party with written notice at least thi 30 days-prior to the
CS) 9 P P Y PI`h' �'( )
coverage immediately prior to acceptance under this Agreement. Effective Date anniversary. Equipment added after the Effective
Date will assume the remaining portion of the initial term or
C.Maintenance-Remedial On-Site Maintenance Service furnished subsequent renewal term.
under this Agreement.
D.Normal Office Hours-8 AM-5 PM(local time)Monday through 2.TAXES
Friday,excluding the following holidays,as observed by AmeriData: Customer agrees to pay all applicable taxes which result from any
New Years Day,Memorial Day,Independence Day,Labor Day, transaction under this Agreement,excluding taxes based on
Thanksgiving Day and Christmas Day. AmeriData's net income. If Customer claims exemption from any
E.Normal Wear-the wear that occurs to Equipment while operated such taxes,Customer will provide AmeriData with the
within specifications and for the purpose for which it is intended. documentation required by the taxing authority,to support the
exemption.
Customer and AmeriData acknowledge that they have read and understand the Terms and Conditions of this Agreement and by their
signatures below,agree to be legally bound by such Terms and Conditions.
Accepted by: Accepted by:
Customer Name City of Oak Park Heights AmeriData,Inc.
Bylthorized Signature) By:(Authorized Signature)
Naitfe(type/ifr print) Judy L. HO 1St Name(type or print) Jay Gordon
Title Deputy Clerk/Finance Dir. . Title Service Manager
Date April 12 , 1996 Date
FOR SERVICE CALL 1-800/888-2508 OR 612/557-2520
I S
TERMS AND CONDITIONS
3.INVOICES AND CHARGES B.Customer agrees to provide and maintain timely and accurate inventory
listings of Equipment under this Agreement and to notify AmeriData
A.Charges for Maintenance,in accordance with the Customer Equipment within seven(7)days of any alteration,modification or relocation of such
List,begin on the Effective Date and will be invoiced in advance. Invoices Equipment.
are due and payable upon receipt,and are deemed as late if payment is not
received within thirty(30)days of invoice date. Monthly charges due for 7.REMEDY
fractional parts of a calendar month will be computed at a rate of one-
thirtieth of the monthly charges for each day. Late payments are subject to AmeriData's entire liability and Customer's exclusive remedy, for any
a 2% per month surcharge, or the maximum rate permitted by law, claim concerning performance or nonperformance by AmeriData pursuant
whichever is less. to or in any other way related to this Agreement or any Supplement hereto,
shall be limited to the recovery of actual damages as follows: AmeriData's
B. Extra charges will apply to 1) service calls authorized by Customer liability for damages to Customer for any cause whatsoever,and regardless
which are outside Normal Office Hours of coverage;2)service for causes of the form of action,whether in contract or in tort including negligence,
not attributable to Normal Wear; and 3) other services such as, but not shall be the lesser of$15,000 or the amount which would be due for six(6)
limited to, software fixes, refurbishment, cosmetic enhancement, month's Maintenance provided under this Agreement. This limitation of
installation,deinstallation and relocation of Equipment. Such charges will liability will not apply to claims for personal injury or damage to real or
be invoiced to Customer after the service is furnished in accordance with tangible personal property caused by AmeriData's negligence.
AmeriData's then current pricing and applicable business practices.
8.TERMINATION
C. AmeriData may adjust the charges for service provided under this
Agreem?nt,effective anytime after the initial term, by providing at least A. Except as otherwise specified in this Agreement, either party may
sixty(60)days prior written notice which may be given during the initial terminate Maintenance for Equipment after the initial term or any renewal
term. term by giving at least thirty(30)days prior written notice,which may be
given prior to the Agreement anniversary date.
4.DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES
AND LIABILITIES. B. During the initial term or the period covered by any renewal term,
Customer may, after providing at least thirty (30) days written notice,
A.AMERIDATA MAKES NO WARRANTIES,EXPRESS OR IMPLIED, terminate unit(s) of Equipment by paying any early termination charge
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF equal to thirty(30) percent of the remaining charges applicable for such
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. terminated Equipment for its remaining term.
B. AMERIDATA WILL NOT BE LIABLE FOR ANY LOSS OR C. Either party may terminate this Agreement for failure of the other to
DAMAGES CAUSED BY DELAY IN FURNISHING EQUIPMENT, comply with its Terms and Conditions.
PRODUCTS, SERVICES OR ANY OTHER PERFORMANCE UNDER
THIS AGREEMENT. AMERIDATA'S ENTIRE LIABILITY AND D. Upon termination of this Agreement, Customer agrees not to disclose
CUSTOMER'S EXCLUSIVE REMEDIES FOR AMERIDATA'S any maintenance aids,which may be in the form of software or written
LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR documentation, that was provided by AmeriData in providing service
NEGLIGENCE) FOR THE SERVICES COVERED BY THIS under this Agreement.
AGREEMENT ARE LIMITED TO THE REMEDIES PROVIDED IN
THIS AGREEMENT AS IDENTIFIED BY THE WORDS "REMEDY" 9.GENERAL PROVISIONS
OR"REMEDIES".
A.Customer may not assign or otherwise transfer its rights or obligations
C. IN NO EVENT WILL AMERIDATA BE LIABLE FOR ANY under this Agreement except with the written consent of AmeriData,which
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL shall not be unreasonably withheld.
DAMAGES,THIRD PARTY CLAIMS,LOSS OF USE,LOSS OF DATA,
LOSS OF INCOME OR PROFIT,LOSS OF VALUE TO EQUIPMENT B.AmeriData will not be responsible for failure to perform its obligations
OR AFFILIATED COMPONENTS. under this Agreement due to causes beyond its reasonable control.
5.DESCRIPTION OF MAINTENANCE C. This Agreement may not be changed except by written amendment
signed by authorized representatives of the parties.
A.AmeriData will provide Maintenance during Normal Office Hours for
the charges specified in the Customer Equipment List. Maintenance D.This Agreement shall be governed by the laws of the State of Minnesota.
includes:
(1)On-Site Remedial Maintenance; E.No action under this Agreement may be brought by either party more
(2)Labor and parts required because of Normal Wear; than two(2)years after the cause of action has accrued.
(3) Inst.:nation of parts, either new or refurbished to perform as if new
(replaced parts will become the property of AmeriData);and F. The Terms and Conditions of this Agreement shall prevail over any
(4) Use of tools, test equipment, maintenance aids and remote access by conflicting,additional or other terms appearing on any order submitted by
maintenance personnel. Customer.
B.For certain Equipment,AmeriData may subcontract Maintenance. G.If any provision of this Agreement is deemed,by a court of competent
jurisdiction,invalid or unenforceable,such judgement shall not invalidate
6.CUSTOMER RESPONSIBILITIES or render unenforceable the remainder of the Agreement. •
A.Customer agrees,at no cost to AmeriData,to: H.Customer represents that it has the authority to enter this Agreement.
(1)Not attempt repairs to the Equipment unless authorized by AmeriData;
(2)Notify AmeriData immediately of Equipment failure; I.Any notice,under this Agreement,shall be in writing and forwarded via
(3) Allow maintenance personnel full, free and timely access to the United States Mail.
Equipment;
(4)Permit use of remote access when applicable; J.AmeriData reserves the right to cancel this Agreement if Customer is in
(5) Provide reasonable facilities such as, but not limited to, a work area default of any other Agreement with AmeriData.
with adequate heat,light and power and access to local telephone line(long
distance telephone charges shall be the responsibility of AmeriData); K. The failure to enforce any provisions of this Agreement shall not
(6)Maintain site environment which is consistent with the manufacturer's constitute a waiver of or right to pursue any prior or subsequent breach
specifications which includes, but is not limited to, adequate free space violation or default of the Agreement.
immediately to the equipment,so as not to in any way obstruct air flow,and
proper anti-static procedures to minimize static buildup; • L. AmeriData's programs, documentation, manuals, and other printed
(7)Perform routine cleaning and replace consumable items,including but material are confidential in nature and shall not be used or disclosed to a
not limited to, batteries, printer ribbons, toner cartridges, paper and third party by Customer for any purpose other than as necessary to
replaceable print bands;and perform this Agreement. AmeriData and Customer shall each exercise the
(8)Execute proper data back-up and recovery procedures before and after same standard of care to protect any proprietary or confidential data of the
service is rendered under this Agreement. AmeriData is not responsible for other disclosed during the performance of this Agreement, as is used to
any cost associated with lost data or reconstructing data which may be lost protect its own proprietary or confidential data.
while performing service hereunder.
ASF 0003
STD-REV.03-01-95
q• 4
r'
:, r -okrt s It..�.
•
T�l101�:01213748030 • .FAX:212474 827 • 212 MINN KIENO N • ,
V ` b"� tom-
l-3, 1996 ,.r . . .3._ : ,: , .
'. t''`
,.'-Rager Benson
"Y OF OAK PARK HEIGHTS , ,
68 - 57th`Street No_ m. . �,;.
r.2007
t Park Heights, MN • 55082 • 4
Vy. •'
it"Mr. Benson:
•
ink yon!
,date:.your decision to renew.your Service Ag t:, th:ug '' ,
4-:rox *L' :'
* ;=Guarantee that the products and services p w ;
.. your expectations. `
tR
* , Strive to monitor.:and control your total costs..
y- fi
* _ Lim to-your suggestions, questions a i�s 7: r s
* -'Respond faster than you expect us to "
* Provide service so good you'll tell otlier}s :'
i
* Bill you honestly with:no hidden char t g '
`''.. serum,tun's tnissiof -is to. insure. If#�at•: area :_
„ ►' `211 as�cc" 'mi " 7 e•*wY< l TIM er5on2 t,:at 34-33O. - ',7:-;--,,,,-----'...-:J:--)
. . t. :' ' --
'"want•your business we need your business .,.,.. re. here to saes � ‘+eta w
te, many thanks.
c�erely,. e : - Ll :7,�# :B* O ., 5 .• s .t:i3iL •iii . � : � ,.:.i 1 i.y,t „!t''"r"ai.4� s '!��•
J
�
x .,i- t{r .�' `?� 's:0' t. g., ,a ..t_•'i:.: t+,Y
•'EATS- • • DUST MOPS ••. '�' •�;
r,"--
RENTAL SERVICE AGREEMENT
MINNEAPOLIS,MN (61'- )374-3880 FARGO,N (701)235-5381
EEIROS.INC ST CLOUD,MN (612)251-1424 GRAND F, D (701)772-8365 1 144670
WASECA,MN (507)835-7342 PAGE NUMBER
0 ADDITIONAL
212 JAMES AVENUE NORTH . "QUALITY SERVICE SINCE 1908" RENEWAL
MINNEAPOLIS, MN 55405-1700 ❑NEW
THIS AGREEMENT, dated ..- / U / ;G7 by and between LEEF BROS.,INC.,herein after called"Leer, and the undersigned,
hereinafter called"Customer".The parties agree upon the terms set forth below and upon the reverse side hereof:
Leef agrees to furnish, and Customer agrees to take, use and pay for in accordance with the terms of this Agreement, on a rental basis,
the following merchandise the title to-which shall remain in Leef:
•
3: • 56 8490 THU CHG 9111 (/ / -1st DEL DATE / /
T1 'tIE? TERMS SIC. PURCHASE ORDER NO., )439-4439 EXP.DATE '
:CONTACT .. /O •U M44 L TELEPHONE ` 612 2nd DELDATE / /
d . 8t'v
DELIVER TO CUSTOMER: NUMBER 5 8 6 9 7 3 BILL TO CUSTOMER: NUMBER
, NAIL „ CITY OF OAK PARK HEIGHTS NAME SAME
ADDRESS t4 1 68 - 57TH ST N ADDRESS .
BOX 2007 •
OAK PARK -HEIGHTS, -.MN 55082 I .
CITY STATE ZIP CODE PLUS CRY STAT1'c ZIP COME- - - PLUS
#USERS =U
REPLACE —R QTY.OR UNIT MINIMUM - M 1st DEL 2nd DEL
ITEM ID DESCRIPTION DEPOSIT =D FREQ. CHANGES PRICE FLAT RATE =F QTY. QTY
CHARS 4X8 DESIGNA MAT 1010 4 ;60
MIDNITE2 3X5 D"ES GPM MAT 1010 2.90 ,
M I DN I TE3 4X6 DES I GNA, MAT 1010 4 .80
MIDNITE4 3X10 DESIGNA MAT 1010 5 .85
NAME I=1 Q @ GENERIC a 11 # . @.. - COMPANY L:.! 0 # ®,.
PREP i_.'HG.L 1=7 ? @ - LOCKERS 0 0 # G . E. # 0::. +',.;.. ,
TAXABLE D Q LOCAL TAX a ®.
SPECIAL. '
1NSTRUCT1CNS . .
1)Leef obligated to make a substantial investment in merchandise u plies nd equip and thus the term of this Agreement shall be for a period
of � weeks from and after the first delivery date hereunder ,-19 "/ )in order to permit Leef to recover its investment.All prices
include credit for time off due to vacation and illness.Either party may cancel this Agreement,or any further extension by written notice at least thirty(30)days
prior to the expiration date.Otherwise,this Agreement shall be automatically extended for successive additional terms equal to the original term of this Agreement
Any extension of this Agreement shall encompass the terms and conditions of this Agreement,including amendments thereto,existing at the time of the extension
2),If any merchandise or equipment furnished by Leef is lost,damaged,destroyed,or abused while in Customer's possession from any cause other than normal
wear and tear, Customer shall, upon demand,pay Leef for all such merchandise and equipment at the then full current market price of such merchandise.Leef
may make periodic physical inventories of the merchandise and equipment subject to this Agreement upon the premises of Customer upon reasonable.notification.
3)If Leef provides its services on a Charge basis,and payment in full is not received before the next billing date,Leef may,at its option,add a Service Charge
of 1.5%(minimum of$1.00)to the unpaid balance.This is an annual percentage rate of 18%on a monthly basis. •
4)The`remedies herein provided are deemed to be cumulative and not alternative,so that resort to one remedy shall not preclu,•a resort 10 any other.
CUSTOMER: LEEF BROS.,INC. �j/ .
By: By: '��76 -ef--.C/ '',r--",4".. "-'-
Print name: AVER s B %'Sa" Title. Y .
Title 047-4/er Salesman'-41-11K------ • - 'd ,
CUSTOMER/ACKNOWLEDGEMENT
• I
5)Customer acknowledges that representatives of Leef have discussed the use of flame retardant garments,and Customers'apparent need for and availability of flame retardant
garments.Customer has determined that such garments are not needed unless flame retardant garments are specified above.Furthermore,Customer agrees to hold Leef harmless
from any lawsuits or injuries by reason of Customers'use of either flame retardant garments or non-flame retardant garments.
6)This Agreement is based on the use of the garments specified and:(a)garment color can not be changed during the term of the Agreement,(b)there is to be no change
in shirt sleeve length,(c)jacket prices are based on 52 weeks annually.
7)If Leefs'cost of rendering services herein are increased during the term of this Agreement,or any extension thereof,the prices then being charged by Leef for said services
may,at the option of Leef,be altered upon thirty(30)days advance written notice.Customer may accept such change,at which time all price revisions shall be Considered
as a binding modification of this Agreement,or may indicate its intention to terminate this Agreement by written notice of same to Leaf within fifteen(15)days of being advised
of such price revisions.Leef may then,at it's option,terminate this Agreement by giving Customer fifteen(15)days notice in writing, or continue the service at the existing
prices.
8)Leef agrees that the quality of it's merchandise and processing shall be comparable to the generally accepted standards of industrial laundries rendering similar services.
Leef further agrees to replace within a reasonable period of time any merchandise that does not meet such standards.Only Leef shall launder any item herein.Customer shall
use the items at locations specified.
9)Leef agrees to maintain a regular delivery schedule.If Leef's usual operations are interrupted,or service is delayed,or terminated,by reason of acts of God(including inclement
weather),strikes and/or lockouts and/or other industrial or other disturbances affecting either Leef or Customer,or any cause not within the control of Leef or related to the
fault of Leef,Leef shall not be liable for any such delay or termination.
10)"Special merchandise"is that which has been purchased by Leef for the exclusive use of Customer and is not suitable for use by others in the normal course of Leef's
business.Customer shall upon termination purchase from Leef its entire inventory of such special merchandise at the then full current market price.
11)Upon termination of this Agreement,Customer shall return all non-special merchandise and equipment to Leef within fourteen(14)days.Upon failure to so return,Customer
shall,at the option of Leef thereupon purchase such merchandise and equipment from Leef at the then full current market price.
12)If Customer shall become obligated to purchase any merchandise hereunder,Customer does hereby grant to Leef a security interest therein as defined by the Uniform
• Commercial Code,to secure payment Customer agrees to execute any necessary documents to perfect such security interest.
•
13)Customer warrants that he will not be under contract,or knowingly in breach of a contract with any.other supplier of services similar to those supplied by Leef pursuant
to this Agreement at the time the first delivery hereunder.In the event any legal action is brought against Leef,Customer hereby agrees to indemnify Leef,its employees and
agents for all expenses incurred in defending such suit.
14)Customer's failure to make a required cash payment upon delivery constitutes a breach of this Agreement.Leef may,in its sole discretion,arrange for credit with the
customer.Leef may,at its option,suspend further performance hereunder,and pursue the remedies herein provided and those provided by law.
15)Customer agrees during this Agreement to order from Leef all additional merchandise of the kind covered by this Agreement that is required by Customer.Leef hereby
agrees to supply such additional merchandise in accordance with the terms and conditions herein contained and at the prices in effect from and after the day of receipt of such
order or orders:provided,however,that additional orders of special merchandise,as defined hereinabove,shall be subject to this Agreement for a period of time equal to the
original term of this Agreement from and after the date of the first delivery of such additional special merchandise.Any increase or decrease in service hereinafter agreed upon
by and between Leef and Customer shall constitute an amendment of this Agreement and shall become a part hereof as though set forth herein.
16)The parties hereby agree that in the event of a breach of this Agreement by Customer,and in addition to any other remedies provided herein,Leef shall be entitled to
agreed,liquidated damages in an amount equal to forty percent(40%)of the gross receipts hereunder for the unexpired term of this Agreement,or any extension thereof,said `
percentage consisting of thirty percent(30%)as overhead and ten percent(10%)as profits.
17)If,during the term of this Agreement,Customer should move,relocate or expand its place of business so that Leef must make its deliveries hereunder at a different location -
or at an increased volume not contemplated by Leef at the time this Agreement is accepted,Leef shall have the option of terminating this Agreement by written notice thereof
to Customer.Otherwise,this Agreement shall continue in full force and effect for the remainder of its term as though such move,relocation,or expansion had not occurred.
18)Customer hereby agrees to pay all costs,including reasonable attorneys'fees or arbitration fees,incurred by Leef in enforcing any of the terms of this Agreement.
19)If any provision hereof is determined to be invalid by a Court of competent jurisdiction,the remaining terms herein are severable therefrom and shall remain in full force
and effect.
20)This Agreement is complete and includes all prior agreements and understandings of the parties hereto.No waivers or statements made by any representative of Leef
shall be valid and enforceable unless set forth at length and in detail herein.Amendments or modifications must be in writing and signed by the parties.
21)This agreement to be construed pursuant to Minnesota Law,shall inure to the benefit of and shall bind the personal representatives;successors and assigns of the parties
hereto.
•