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2015-143
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2015-143
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The last paragraph of Merchandise shall be stricken and replaced as follows: As a condition to the <br />termination of this Agreement, for whatever reason, Customer will return to UniFirst all standard <br />Merchandise in good and usable condition within 60 days, or pay for same at the replacement charges <br />then in effect. <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 />is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or <br />misrepresentation in connection with any provisions of this Agreement, each party shall bear its own <br />costs. <br />The second sentence of Miscellaneous shall be stricken and replaced as follows: UniFirst may not assign <br />this Agreement without the prior written consent of Customer. <br />The sixth sentence of Miscellaneous shall be stricken and replaced as follows; In the event any portion of <br />this Agreement is held by a court of competent jurisdiction to be unenforceable, the balance will remain <br />in effect. <br />Additional Terms and Conditions. The following additional terms and conditions are made part of the <br />Agreement: <br />Availability of Funds: The obligations of the Customer under this Agreement are subject to the <br />availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of <br />Indian River County. <br />Insurance: UniFirst shall procure and maintain, for the duration of this Agreement, the minimum <br />insurance coverage as set forth herein <br />1. Workers' Compensation: To meet statutory limits in compliance with the Workers' <br />Compensation Law of Florida. This policy must include employers' liability with a limit <br />$100,000 for each accident, $500,000 disease policy limit and $100,000 disease each <br />employee. <br />2. General Liability: A per occurrence form policy with a combined single limit of not less than <br />$1,000,000 general aggregate. <br />3. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned <br />vehicles, for a combined single limit (bodily injury and property damage) of not Tess than <br />$1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury <br />protection -- statutory limits; $100,000 uninsured/underinsured motorist; <br />$100,000/hired/non-owned auto liability. <br />Page 2 of 4 <br />
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