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6 <br /> 2.3 Products/Services Vended <br /> 2.3.1 Concessionaire shall sell only those Products/Services approved by the City and listed in <br /> Exhibit B. Exhibit B may be amended by written agreement of the parties. Products/Services <br /> shall generally be national brands. Reasonable grounds for refusing to approve products include, <br /> but are not limited to, the potential or likelihood the product or its packaging will attract rodents <br /> or birds, create litter, or create maintenance problems. Concessionaire agrees to comply with <br /> requests by the City to supply certain products, or not to supply certain products,provided that <br /> any such request shall be reasonable. Concessionaire shall not stock, offer to sell, or sell any <br /> alcohol or tobacco product at any time at any Concession Location. <br /> 2.3.2 The concession privileges granted herein shall include the right to sell souvenirs, counter <br /> toys, pictures, and other items usually considered novelties. Such novelties, including their <br /> packaging, shall be appropriate for use, sale,or viewing by young children and families and shall <br /> not be offensive to reasonable persons. Novelties and packaging may not include vulgarities or <br /> obscenity or language,pictures, or drawings or pictures that would cause affront or offend a <br /> reasonable person. Such novelties and packaging must not be of such a nature as to constitute an <br /> unreasonable risk to safety, health or property, or likely interfere with the usual or customary <br /> activities enjoyed by participants at the Concession Location. By way of example only, novelties <br /> or packaging that are reasonably likely to interfere with games or play at the Phil Johnson Ball <br /> Field may be banned by the City. The City's decision on such items shall be final and binding. <br /> 2.4 Prices for Products/Services <br /> Concessionaire agrees to that its prices at Concession Locations shall be within ten percent <br /> (10%) of the average of prices for similar products sold in the general area of the Concession <br /> Location. Prices for Products/Services are listed on Exhibit B. Changes to the prices must be <br /> approved in writing by the City. <br /> 2.5 Operating Hours <br /> Concessionaire shall operate its concession facility and use it to transact business with the public <br /> daily during hours approved by a designated representative from the City of Everett Parks and <br /> Recreation Department. Hours shall be posted on the concession stand premises building so as <br /> to be easily viewed by the public at all times. Failure to open during scheduled hours or to keep <br /> scheduled hours will result termination of this Agreement. City may direct Concessionaire to <br /> suspend operations temporarily for up to several days, when and as needed by the City. <br /> 2.6 Staffing <br /> 2.6.1 All facilities and services must be sufficiently staffed with experienced or adequately <br /> trained personnel so as to prevent undue delay to customers. In determining what constitutes <br /> undue delay, consideration shall be given to the kinds and types of service being rendered and <br /> situations or conditions beyond the control of the Concessionaire, such as unanticipated influxes <br /> of visitors, facility or equipment breakdowns, or sudden weather changes. The reasonableness of <br /> the delay, based on the above,will be the determining factor. <br /> Page 2 1 8 <br />