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HomeMy WebLinkAboutContract 46593 CITY SELRETARY CONTRACT N0, This 1*1pn)cnt Loan A-recmcnt (,agreement) Is ben+cen the City of Burt Worth and (Company) fir the purpose of'the display of the fi)llowing items of out-of-seriice equipment (Equiprrrcnt): ( I) Tvko (?) out-ol-ser%ice helmets: (?) Thrcc(3) out-of-scrcicc coats: and (1) Three (3) out-of-sclvice boots. The Equipment %ill be displayed Firehouse Subs c:f- l Bryant Irvin Road Fort Worth,Texas 76132— Company understands and agrees to abide by the following terms and conditions: • The Equipment shall not be used in any advertisement, except as they might be incidentally included in marketing materials, such as if an image of a portion of the business where the photographs are displayed is used. • Permission to display the Equipment is not an endorsement of Company's business or products. • Except for the limited rights expressly permitted under this Agreement, no other rights of any kind arc granted hereunder, by implication or otherwise. • This Agreement may be terminated at any time upon written notice from the City of Fort Worth to Company. • The Company agrees and warrants that it shall provide insurance coverage for the above- described Equipment in the normal course of its business. • The Company shall be responsible for all necessary Equipment maintenance; however, no alteration, restoration, cleaning or repair will be undertaken without the written authorization of the City of Fort Worth. • The City of Fort Worth may remove the Equipment if, in the sole judgment of the City, the Equipment is being excessively damaged, or if Company fails or refuses to notify the City of any damage to the Equipment. OFFICIAL RECORD Page 1 of 4 CITY SECRETARY FIT- WORTH, TX RECEIVED APR 10 2015 Out-of-Service Equipment Loan Agreement • The effective date of this Agreement shall be the date the Equipment is delivered into the custody of the Company. • Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand- delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below- City of Fort Worth Fire sc Subs c/o Chief of Fire Dept c/o /` it d ) 1000 Throe kmorton — 01 Fort Worth,Texas 76102 Fort Worth, Texas 76132 With a copy to: City Attorney City of Fort Worth 1000 Throckmorton Fort Worth,Texas 76102 • This Agreement contains the entire understanding and agreement between the City of Fort Worth and Company, their assigns and successors in interest as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless executed in writing by both parties. • Venue for any action arising hereunder shall be exclusively in Tarrant County,Texas. • The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this agreement or the application thereof to any person or circumstance shall ever be held by a court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this agreement to other persons or circumstances shall not be affected thereby and this agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. • This Agreement shall be construed under and in accordance with Texas law. Company• By. X / f l8�?(/� _ Date: 0 YIz,,o Page 2 of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Out-of-Service Equipment Loan Agreement Name '►Z. Title: Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Out-of-Service Equipment Loan Agreement City o ort Worth By: Date:_ Rudy k§4n Title: Actin ssistant City Man ATTEST- By: � /S/ City Scor 0 lilik— XAS APPRO ED AS TO FORM AND LEGALITY- By- Date: sistant CityAttorney EjjC REQUIRED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Pagc 4 of 4