|
7. Buyback of Non -Standard Garments (if applicable) Customer has ordered fi-om Company a garment rental service requiring
<br />embroidered garments that may not be standard to Company's normal rental product line. Those non-standard products will be designated
<br />as such under -Garment Description in Exhibit Buyback of Non -Standard Garments (if applicable). In the event Customer deletes a non-
<br />standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason
<br />other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products
<br />allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.
<br />8. Garments' Lack of Flame Retardant or Acid Resistant Features Unless specified otherwise in writing by the Company, the garments
<br />supplied under this Agreement are not flame retardant or acid resistant and contain no special flame retardant or acid resistant features.
<br />They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and
<br />acid resistant garments are available from Company upon request. Customer warrants that none of the employees for whom garments
<br />are supplied pursuant to this Agreement require flame retardant or acid resistant clothing.
<br />9. Logo Mats In the event that Customer decides to delete any mat bearing the Customer's logo (Logo Mat) from the rental program, changes
<br />the design of the Logo Mats, terminates this Agreement for any reason or fails to renew this Agreement, the Customer -,will purchase at the
<br />time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in
<br />inventory at the then current Loss/Damage Replacement Value.
<br />10. Adding Employees Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by
<br />the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the
<br />terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the
<br />Customer shall pay Company the one-time preparation fee indicated on the Master Agreement and / or outlined above. Customer shall
<br />not pay Company any one-time preparation fee for garments for employees included in the initial installation of a Customer location.
<br />There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring
<br />emblems.
<br />11. Emblem Guarantee Customer has requested that Company supply emblems deli _red exclusively for Customer featuring Customer's logo
<br />or other specific identification (hereinafter "Customer Emblems"). Company will maintain a sufficient quantity of Customer Emblems in
<br />inventory to provide for Customer's needs and maintain a low cost per emblem through quantity purchases.
<br />12. In the event Customer- decides to discontinue the use of Customer- Emblems, changes the design of the Customer Emblems, terminates this
<br />Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the tiro of deletion, design change,
<br />termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on the Master
<br />Agreement and / or outlined above of this Agreement. In no event shall the number of Customer- Emblems allocated to Customer exceed
<br />the greater of (a) twelve (12) months' volume for each unique Customer :m lem or (b) a quantity agreed to by Company and Customer
<br />and noted on the Master Agreement and / or outlined above.
<br />13. Terminating Employees Subject to the provisions of t .is Agreement, the weekly rental charge attributable to any individual leaving the
<br />employ of the Customer, or on a temporary leave of .osence of three (3) weeks r r more, shall be terminated upon oral or written notice
<br />by the Customer to the Company but only after all garments issued to that individual. or value of same at the then current Loss/Damage
<br />Replacement Values, are returned to Company.
<br />14. Replacement In the event any Merchandise is lost, stolen or is not returned to Company. or is destroyed or damaged by fire, welding
<br />damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current
<br />Loss/Damage Replacement Values.
<br />15. Indemnification To the fullest extent permitted by law, Company agrees to defend, indemnifr, pay on behalf of and save harmless the
<br />Participating Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims,
<br />liability, demands, suits or loss, including reasonable attorneys' fees and all other costs connected therewith, arising out of or connected to
<br />the services provided by Company under this Contract, but only to the extent of Company's negligence.
<br />16. Additional Customer Locations. Notwithstanding anything to the contrary contained herein, there will be a minimum term equal to the
<br />greater of thirty-six (36) months or the remainde of the term for any individual Customer location added after the date of this
<br />Agreement.
<br />17. Additional items: Additional customer employees, products and services may be added to this Agreement and shall automatically
<br />become a part of and subject to the terms hereof and all of its provisions. If this Agreement is terminated early for convenience, the
<br />parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this Agreement is
<br />terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are
<br />not cured, or terminated by Company for non-payment by Customer at any time Customer mill pay to Company, as termination charges
<br />and not as a penalty based upon the following schedule:
<br />- If this Agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to
<br />52 weeks of rental service.
<br />- If this Agreement is cancelled for convenience in months thirteen (13) through twenty-four (24) of the tern, Customer shall pay as
<br />termination charges equal to thirty-nine (39) weeks of rental service.
<br />- If this Agreement is cancelled for convenience in months twenty-five (25) through thirty-six (36) of the term. Customer shall pay as
<br />termination charges equal to twenty-six (26) weeks of rental service.
<br />- If this Agreement is cancelled for convenience after forty-eight (48) months of service, Customer shall pay as termination charges of
<br />thirteen (13) weeks of rental service.
<br />- Customer shall also be responsible to return all of the Merchandise allocated to such Customer locations terminating this Agreement
<br />at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer's account prior to termination.
<br />18. Federal Funds. In no event will Cintas act as a subcontractor under a U.S. federal prime contractor or a subrecipient under a U.S. federal
<br />grant or cooperative agreement.
<br />19. Customer Funding Source. Customer must select the appropriate response below:
<br />Is Customer a United States federal government agency or instrumentality, or will Customer pay for the goods and services ordered
<br />Page 3 of 7 Cintas Representative Initial Customer Initial
<br />
|