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ADDENDUM TO A CUSTOMER SERVICE AGREEMENT (THE "BASE FORM") BY AND BETWEEN UNIFIRST <br />CORPORATION, A MASSACHUSETTS CORPORATION, ("UniFirst") AND INDIAN RIVER COUNTY, A <br />POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (THE "Customer") <br />This ADDENDUM is effective as of the 4th Day of October, 2022, and is made part of the Customer <br />Service Agreement (the Base Form and this Addendum are collectively referred to as the "Agreement') <br />to which it is attached. <br />ADDITIONAL AGREEMENT TERMS AND CONDITIONS <br />General. Customer is a member of the Sourcewell Cooperative Purchasing organization ("Sourcewell"). <br />Customer enters into this Agreement to obtain the services described in Sourcewell's Request for Proposal <br />#040920, to include all attachments, addenda and UniFirst's response thereto (collectively, the "RFP"), <br />and the Agreement which are, collectively, by this reference made a part of this Agreement. <br />The additional Agreement terms and conditions stated in this Addendum are added pursuant to Section <br />6.A of the RFP. <br />The second sentence of Requirements Supplied shall be stricken and replaced as follows: Additional <br />Merchandise requested by Customer, in writing, or requested verbally and confirmed in writing, will also <br />be covered by this Agreement. <br />The following sentence shall be added to the end of Requirements Supplied: The Customer may order, <br />rent, lease, purchase, obtain, or otherwise acquire Merchandise from any other source or supplier. <br />The first sentence, second paragraph under Performance Guarantee shall be stricken and replaced to <br />read: During the Initial term or any renewal term of the Agreement, Customer's right to terminate the <br />Agreement for UniFirst's deficient service and/or quality of merchandise shall be conditioned upon the <br />following: (1) complaints are first made in writing to UniFirst which set forth the precise nature of any <br />deficiencies; (2) UniFirst is afforded at least 60 days to correct any deficiencies complained of; and <br />(3) UniFirst fails to correct those deficiencies complained of within 60 days. <br />The second of Prices and Payments shall be stricken and replaced as follows: All payments shall be made <br />to UniFirst by the Customer in accordance with the Local Government Prompt Payment Act, Section <br />218.70, Florida Statutes, et seq. <br />The last sentence of the first Merchandise paragraph is deleted in its entirety ("Customer agrees to <br />indemnify..."). <br />Obligations and Remedies shall be stricken and replaced as follows: Governing Law; Venue and Attorney's <br />Fees. This Agreement, including all attachments hereto, shall be construed according to the laws of the <br />State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising <br />out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in <br />the United States District Court for the Southern District of Florida. If any legal action or other proceeding <br />Page 1 of 4 <br />