PACCAR 2/13/2017 - Laserfiche WebLink

STREET SWEEPER USE AGREEMENT THIS STREET SWEEPER USE AGREEMENT("Agreement")is entered to be effective as of teb►'UQ.r i 3, a-0( }- between The City of Everett,a Washington city("City")and PACCAR Inc. ("PACCA"),a Delaware corporation. A. The City owns the following street sweeper:H0054("Sweeper") 2016 PACCAR 220 with Schwartz Regenerative Sweeper License Plate:60579D Serial Number of chassis:3BPPHM7X3GF590837 B. The City and PACCAR desire that PACCAR take possession of the Sweeper for a specified period of time to perform certain tests prescribed by PACCAR. The City and PACCAR agree as follows: 1. The City hereby grants PACCAR the right to possess and use the Sweeper for testing purposes during the Term(defined below).PACCAR or its employees,agents or contractors will pick up the Sweeper at a location determined by the City's Vehicle Maintenance Manager no later than February 13,2017,and will return the Sweeper to the same location no later than March 13,2017("Term").The dates and pick-pp locations may be adjusted py,the City's Vehicle Maintenance Manager. 2. PACCAR will return the Sweeper in as good as condition as when PACCAR picked it up. PACCAR assumes all risks in operating or otherwise testing the Sweeper. 3. PACCAR releases and shall defend,indemnify,and hold harmless the City,its officers, agents and employees,from and against any and all claims(whether personal injury,property damage or otherwise),actions,demands,suits,expenses,losses or liability,arising from or relating to PACCAR's use of the Sweeper,except as caused by the negligence or willful misconduct of the City.This indemnity includes without limitation compensation to the City for any unrepaired damage to the Sweeper from PACCAR's use under this Agreement or from any delay in returning the Sweeper to the City. Solely and expressly for the purpose of its duties to indemnify and defend the City,PACCAR specifically waives any immunity it may have under the State Industrial Insurance Law,Title 51 RCW.PACCAR recognizes that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation. 4. Until the return of the Sweeper,PACCAR shall have commercial liability insurance coverage with at least$7,000,000 combined single limits.Notwithstanding any other provision of this Agreement,PACCAR may from time to time in its discretion self-insure any of the insurance coverage required by this Agreement,in whole or in part, in accordance with PACCAR's risk management practices.