2011/11/30 Council Agenda Packet

ii Limitation of Liability, University agrees that PIERCE TRANSIT is not responsible for providing transportation services under this ERN program. University further agrees that PIERCE TRANSIT makes no guarantee or warranty as to the availability, quality,or reliability of taxi service and that PIERCE TRANSIT'S sole obligation under the program is to make payment for trips actually taken in accordance with the terms of this Agreement. University agrees it shall make no claims of any kind or bring any suits of any kind against PIERCE TRANSIT for damages or injuries of any kind arising out of or in any way related to the ERN program. Without limiting the foregoing and by way of example only,the University agrees that PIERCE TRANSIT shall not be liable for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts, or causes beyond the taxi's control, including but not limited to incidence of fire,flood,snow, earthquake, or other acts of nature, riots, insurrection,accident,order of any court or civil authority, and strikes or other labor actions. Termination If University fails to perform in the manner called for in this Agreement, if University fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five(5)days written notice thereof, or if the University's U-PASS Agreement is suspended or terminated, PIERCE TRANSIT will terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the University setting forth the manner in which the University is in default. Either party may terminate this Agreement,without cause, by providing at least thirty(30)days written notice to the other party. This Agreement will continue in force until terminated by either party or until the University's U- PASS Agreement is terminated,whichever comes first. U-PASS Agreement PO Attachment 4, Emergency Ride Home Terms P9tj 37 of 44 Final,October 2011