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.. <br />~. <br />~~~€~~x~.l~ca r~~~~~~~1;~ I~E~~~~.~. ~~~~~~~~ A.~r~~EE~~t~T <br />.® <br />The customer, its successors and assigns ("Customer") orders from CINTAS CORPORATION or any of its <br />subsidiaries, successors and assigns ("Company") all of the Customer's requirements of garment rental services <br />and other items covered by this agreement during the term of this agreement all in accordance with the pricing, <br />terms and conditions contained herein. Pricing is based on 52 weeks billing per rental item per year. <br />All garments will be cleaned and maintained by Company. Any garments that require replacement due to normal <br />wear will be replaced by Company at no charge to Customer. <br />Unless specified otherwise, the garments supplied under this agreement are not flame retardant or acid resistant <br />and contain no special flame retardant or acid resistant features. Flame retardant and acid resistant garments. <br />are available from Company upon request. Customer agrees to notify its employees that their garments are not <br />designed for use in areas of flammability risk or where contact with hazardous materials is possible. Customer <br />warrants that none of the employees for whom garments are supplied under this agreement require flame retardant <br />or acid resistant clothing. <br />Customer agrees to notify Company, in writing, of any hazardous materials that may be picked up by Company. <br />in the soiled garments or other textiles serviced under this agreement: In no case will hazardous materials be <br />present to the extent that they may be harmful to Company's employees.. <br />,- The weekly rental charge for any individual leaving the employ of Customer can be terminated, but only after <br />all garments issued to that individual, or the value of same, have been returned to Company. All garments and <br />other rented items remain the property of Company. Any special products (logo mats) must be purchased by the. <br />customer if service is stopped. If items are lost or damaged by any means Customer will pay the then current <br />replacement values for said items: <br />~ti ~ I.1~W~4L <br />This agreement is effective as of the date of execution.. The irntia erm of this agreements all be as set forth, <br />on the front of this agreement and shall <br />notified, to the contrary, in writing, 60 days in advance of the. expiration of the then current-term. Upon. each <br />anniversary date of this.agreement, Company will automaticallyincrease the uniform garment prices then in effect <br />.-. <br />by the amount of the increase in the Consumer: Price Index for the previous twelve months or 5%. <br />Customer hereby agrees to defend, indemnify and hold. harmless Company from any.-claims and damages <br />arising out of or associated with this agreement: <br />Company guarantees to deliver-the highest quality textile rental service at .all times.~Any complaints <br />about the quality ofahe service which have not been resolved in he normal course of business must be <br />sent by registered letter to Company's General Manager. If Company then fails to resolve any material <br />complaint in a reasonable period of time, Customer may terminate this agreement provided all rental <br />items are paid for at the then current. replacement values or returned to Company in good and usable- <br />condition. <br />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. If this agreement is terminated early, the parties agree that <br />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 <br />service reasons which are not cured asset forth above, or terminated by Company for cause at any time, Customer <br />will pay to Company, as liquidated damages and not as a penalty, the greater of 50% of the average weekly <br />invoice total multiplied by the number of weeks remaining in the unexpired term, or buy back all garments and <br />other products allocated to Customer at the then current replacement values. <br />Customer shall also be responsible for any unpaid charges on Customer's account prior to termination. <br />Any dispute or matter arising in connection with or relating to this agreement shall be resolved by binding and <br />final arbitration under applicable state or federal laws providing for the enforcement of agreements to arbitrate <br />disputes. Any such dispute shall be determined on an individual basis, shall be considered unique as to its facts, <br />and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other <br />party. <br />Customer certifies that Company is in no way infringing upon any existing contract between Customer and any <br />other service provider. <br />