Island Transit 10/4/2016 - Laserfiche WebLink

6. In consideration of Everett Transit's services, Island Transit shall pay Everett Transit a sum equal to five percent of the published fare prices of all passes sold. 7. Everett Transit shall compute the percentage in#6 and provide Island Transit with a request to invoice for the proceeds monthly, or at such time and in such manner as agreed by Everett Transit and Island Transit. Everett Transit shall deduct the commission percentage from the monthly proceeds to be invoiced. 8. This agreement may not be assigned or transferred by Everett Transit without Island Transit's prior written consent. Everett Transit will report without delay any change that may affect Everett Transit or Everett Transit's operation. 9. No modification of this Agreement shall be effective unless made in writing and signed by both parties. 10. It is understood and agreed that this agreement is entered into solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this agreement. Each party hereto agrees to be responsible and assumes liability for its own act or omissions, and those of its officers, agents or employees for any incident arising out of or in connection with this agreement, to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other party harmless for any such liability. In the case of negligence of multiple parties, any damages allowed shall be assessed in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 11. No liability shall attach to Everett Transit or Island Transit by reason of entering into this agreement except as expressly provided herein. 12. Any factual disputes between Everett Transit and Island Transit in regard to this agreement shall be referred for determination to the Executive Director of Island Transit or his/her designee, and to the Director of Everett Transit or his/her designee, for resolution. 13. The term of this Agreement shall be from month-to-month until terminated by either party upon 30 days written notice to the other party. Any default in the accounts or remittances of Everett Transit or in any of the provisions of this Agreement shall be sufficient cause for Island Transit to terminate this Agreement providing Everett Transit has failed to cure any default within 10 days after written notice from Island Transit to cure the default. If any suit or action is instituted by either party for the enforcement of any term of this Agreement, the prevailing party shall recover all costs and attorney's fees as the court may judge reasonable to be allowed in such suit or action. 14. This agreement constitutes the entire understanding between the parties regarding this subject and no other agreement, oral or otherwise, is in existence or shall be deemed binding upon the parties. This agreement may only be amended by written instrument executed by the parties.