Canteen Vending 6/22/2017 - Laserfiche WebLink

damage caused by Canteen to City or other property shall be promptly repaired or replaced by Canteen to the satisfaction of the City, or in lieu of such repair or replacement, Canteen shall pay, to the City or owner of the other property, money in an amount sufficient to compensate for the loss sustained by reason of damage to or destruction of the City's or other party's property. Section 15. RISK OF LOSS. Canteen bears all risk of any and all damage and loss to its equipment or materials being placed, used, or stored on the City's property. Section 16. NOTICE PRIOR TO INSTALLATION. Canteen must obtain the City's consent prior to placing any equipment upon the City's property or prior to moving existing equipment. The City's consent shall not create any City liability for any action or inaction relating to such consent, and Canteen shall remain wholly responsible for the safety, adequacy, and suitability of its equipment. Section 17. INCORPORATION OF PROPOSAL. This agreement incorporates City RFP 2016-075 and Canteen's proposal dated January 19, 2017 as if set forth at length herein. If any terms of this Agreement differ from the aforementioned RFP or proposal, the terms of this Agreement shall prevail. Section 18. NO WARRANTY. The City does not warrant its title or ownership of the property specified in this Agreement. Section 19. NON-EXCLUSIVE. This Agreement is only exclusive to the extent of providing snack and beverage vending machine services by Canteen to the City location listed in the attached Exhibit B. The City is not prohibited from granting permission to others to occupy or use other portions of the City's property not covered under this Agreement for vending machine operations or any other purpose. Section 20. RESERVATION OF RIGHTS. The City reserves all rights not expressly granted by this Agreement. Section 21. NO THIRD PARTY RIGHTS. This Agreement does not create any rights in any third party. Section 22. APPLICABLE LAW AND VENUE. The laws of the State of Washington shall apply to this Agreement. Venue for any lawsuit arising out of or related to this Agreement shall be in Snohomish County Superior Court, Washington. Section 23. PROPRIETARY MARKS. The City acknowledges that the names, logos, service marks,trademarks, trade dress,trade names, and patents, whether or not registered, now or hereafter owned by or licensed to Canteen or its affiliated and parent companies (collectively Marks) are proprietary Marks of Canteen, and the City will not use the Marks for any purpose except as expressly permitted in writing by Canteen. Upon termination of this Agreement, the City shall (a) immediately and permanently discontinue the use and display of any Marks, and make, or cause to be made, such page 5