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BASIC PRCVIS <br />Price and Method <br />of Payment <br />Buyer will pay $22.00 per bottle. Buyer willbe invoiced for bottles filled <br />upon completion of service. <br />EFD may change the price and payment method at any time effective on <br />notice to Buyer. <br />Additional <br />Provision(s) <br />The Buyer uses the fill -up service solely at its own risk. Buyer must <br />inspect Buyer's equipment prior to fill -ups. Buyer is solely responsible <br />for determining whether Buyer's equipment is appropriate for fill -up. <br />After each fill -up, the Buyer is solely responsible to inspect all filled air <br />bottles and any other Buyer equipment to assure they are filled to <br />Buyer's requirements Buyer is solely responsible for determining <br />whether a filled air bottle is appropriate for Buyer's use, including <br />without limitation appropriate for student use. <br />In no event is the City responsible any damage that may occur to <br />Buyer's equipment from fill -ups or otherwise in connection with <br />services provided under this Agreement. Buyer is solely responsible to <br />identify any such damage and to repair to Buyer's satisfaction at Buyer's <br />sole cost. <br />2. Term of Agreement. This term of this Agreement is one year, and will automatically extend for <br />additional one year terms. Either Party may terminate this Agreement at any time and for any <br />reason effective on written notice to the other Party. <br />3. City -Provided Services. Subject to the provisions of this Agreement, the City will provide the <br />services described in the Basic Provisions. These services are always subject to availability of City <br />staff and resources. The City may decline to provide the services at any time <br />4. No Warranty THE CITY MAKES NO PROMISES, REPRESENTATIONS OR GUARANTEES TO BUYER <br />THAT THE SERVICES TO BE PROVIDED BY THE CITY UNDER THIS AGREEMENT ARE SUFFICIENT OR <br />APPROPRIATE FOR BUYER. THE CITY PROVIDES THE SERVICES ABSOLUTELY WITHOUT <br />WARRANTY OF ANY KIND. BUYER REMAINS SOLELY RESPONSIBLE FOR ITS OWN PROPERTY AND <br />EQUIPMENT AND FOR EVALUATING WHETHER THE SERVICES ARE APPROPRIATE FOR BUYER. IN <br />ITS EVALUATIONS, BUYER MAY ALWAYS CONSIDER PROVIDING ACQUIRING THE SERVICES FROM <br />ANOTHER SOURCE. <br />5. Exclusive Remedy and Release. IF THE CITY FAILS FOR ANY REASON TO PROVIDE THE SERVICES <br />OR FAILS TO PROPERLY PROVIDE SUCH SERVICES, BUYER'S EXCLUSIVE REMEDY IS TERMINATION <br />OF THIS AGREEMENT, AND, AS APPROPRIATE REFUNDING OF AMOUNTS PAID BY BUYER FOR THE <br />SERVICES. EXCEPT FOR THIS EXCLUSIVE REMEDY, BUYER HEREBY WAIVES AND RELEASES ALL <br />CLAIMS OF ANY KIND WHATSOEVER AGAINST THE CITY OF EVERETT (AND THE CITY OF EVERETT'S <br />OFFICERS, EMPLOYEES, AND AGENTS) WITH RESPECT TO ALL SERVICES PROVIDED UNDER THIS <br />AGREEMENT, INCLUDING WITHOUT LIMITATION ALL CLAIMS ARISING FROM ANY NEGLIGENCE <br />2 <br />