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<br />attorneys' fees, investigation costs and court costs. Any period of time in which Customer violates the provisions of this paragraph shall be added
<br />to the 180 day duration of the restriction.
<br />this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association, or employment relationship
<br />9. Relationship of Parties. Each Party and its personnel are independent in relation to the other Party with respect to all matters arising under
<br />between the
<br />Parties. Neither Party may assume or create any obligations on the other's behalf without prior written consent. Each Party shall remain
<br />for the withholding and payment of all federal, state, and local personal income, wage, earnings, occupations, sresponsible
<br />ocial security, unet
<br />sickness and disability insurance taxes, payroll levies, or employee benefit requirements now existing or hereaft,
<br />er enacted and attributablemployment,
<br />themselves and their respective personnel.
<br />10. Compliance. The Customer agrees to keep, or cause to keep, all of its facilities in conformity with all applicable federal, state or local laws,
<br />ordinances and regulations, as well as in conformity with requests made by City Wide to facilitate the performance of its Services, and agrees to
<br />fully indemnify, defend and hold harmless City Wide from any loss, injury or damages (including attomeys' fees) caused by the Customer's failure
<br />to abide by the terms of this paragraph and/or this Agreement.
<br />11. Security. City Wide and its employees, agents, contractors and related companies shall not be responsible for cash and personal valuable
<br />items left in the subject building. It is the Customer/tenants' responsibility to have such items locked in a secured area, where City Wide Personnel
<br />do not have access. In the event of a theft, City Wide will fully cooperate with law enforcement agencies.
<br />12. Keys. Customer agrees to provide four (4) complete sets of building keys. Customer agrees to allow City Wide to copy keys at a cost of $5.00
<br />per key, to be invoiced separately of monthly service charges if four (4) sets are not provided.
<br />13. Insurance. Customer shall maintain adequate insurance protection covering the subject premises and its employees, including coverage for
<br />statutory workers' compensation and comprehensive general liability for bodily injury and property damage. City Wide agrees to maintain in effect
<br />at all times during the term of the Services rendered hereunder the following insurance: bodily injury with limits of $1,000,000 for each person and
<br />$1,000,000 for each occurrence, property damage with limits of $1,000,000 per occurrence. Insurance certificates will be furnished upon request.
<br />In addition, City Wide shall maintain worker's compensation insurance as required by applicable law.
<br />14. Tenn. The term of the Services to be provided hereunder shall commence as set forth herein and shall continue in full force and effect until
<br />terminated as set forth herein. Either Party may terminate the Services to be provided hereunder for convenience and upon thirty (30) day written
<br />notice, provided that no such termination shall affect Customer's obligation to pay City Wide for all Services previously rendered and product
<br />provided. Notwithstanding the foregoing, it is understood that the Services to be provided hereunder cannot be terminated by the Customer until
<br />after the Services have been provided for an initial ninety (90) day period. The services may be terminated by the Customer for breach of contract
<br />at any time after the expiration of the initial term as follows: (a) Customer shall provide City Wide Maintenance with a written notice stating a
<br />problem and allow City Wide 30 days to cure the problem. If City Wide Maintenance is unable to cure the problem specified by Customer to
<br />Customer's satisfaction, Customer may then terminate the services by providing thirty (30) prior written notice to City Wide.
<br />15. Force Majeure. City Wide shall be excused from its performance for a commercially reasonable period of time to the extent that it is prevented,
<br />hindered or delayed by a force majeure occurrence.
<br />16. Assignments. This Agreement shall bind all parties, their heirs, assigns, successors, agents and representatives. City Wide may assign this
<br />Agreement and its obligations hereunder.
<br />17. Governing Law. This Agreement shall be governed by the laws of Ohio. The Customer consents to the jurisdiction and venue of any court
<br />having jurisdiction and venue in Cuyahoga County, Ohio.
<br />THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION TO WHICH, THE PARTIES AGREE TO BE BOUND.
<br />IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first
<br />written above
<br />MAYFIELD VILLAGE POLICE DEPARTMENT
<br />Nrint Customer's Legal Name Here
<br />By: 6V,4 �
<br />Print: BRENDA T. BODNAR
<br />KOVACHY SALES, INC.
<br />d/b/a City W' e F ility Solutions
<br />By:
<br />STEPHEN SCHUTT
<br />Title: MAYOR, MAYFIELD VILLAGE COUNCIL PRESIDENT
<br />AS TO FORM
<br />Dianea a,
<br />Law Director
<br />Print: _Christina Parsons
<br />Title: General Manager
<br />A SIGNED FACSIMILE OR EMAIL COPY OF THIS DOCUMENT IS AS BINDING AS AN ORIGINAL.
<br />f
<br />/w Initial:
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