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SOFT DRINK AND RELATED BEVERAGE VENDING CONTRACT This contract is made this_IS day of Oe 2001 by and between, Midwestern State University (hereinafter referred fo as “University”) and Iga x ren Services (bercinaterrefered to as Contractor) 1. General Terms and Conditions A. Costof Operation Except as otherwise noted, the Contractor shall be responsible forall costs of | vending operations, including but not limited to, costs of procurement of products end wil! hold harmless the University fom ary and all claims, demands, or lability BL News Releases The Contractor shall notin any way or in any form publicize or advertise in any manner the fact that itis providing services to the University without the ett approval from the Viee President for Business Affairs or designated representative, obtained in advance, fo each item of advertising or publicity However, nothing shall preclude Contractor from listing Midwestern State University on its routing client ist for matters of reference C. Integrity of Proposals The University may, by writen noice tothe Contractor, cancel this conteact itis found by the University that gratuites, inthe form of entertainment, Bits or otherwise, were offered or given by the Contactor, or any agent of ‘representative of the Contractor, to any officer or employee ofthe sate of ‘Texas with a view towards securing a contractor securing favorable treatment With respect to the awarding or amending, or making of any determinations with respect to performing of such contract Inthe event thatthe contract is canceled by the University pursuant to this provision, tre University shal be entitled, in addition to any other rights and revenues, to recover or withhold ‘the amount ofthe cost incurred by the Contractor in providing such gratuities D. Assignment No right or interest in this contract arising from the solicitation for proposals shall be assigned or delegated by the Contractor without the written permission of the University "Non-Diserimination ‘During the performance of this contract, the Contractor agrees not to discriminate against any employee or applicant for employment beceuse of race, color, religion, sex, or national origin, or beeause be or she has 8 Pltysical or mental handicap or because he or she isa disabled veteran ora Veteran ofthe Vietnam era, The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demetion or transfer, ‘ecritment or recruitment advertising, layoff o termination, rates of pay oF other forms of compensation, and selection for tuning including apprenticeship, Cancellation of Contact The contrat may be canceled without penalty o further obligation if any person significantly involved in initiating, negotiating, securing, drafting or reating the contract on behalf ofthe University at anytime while the contract ‘or any extension ofthe contact, acts in any capacity or serves as consultant to any other party ofthe contract with respect tothe subject matter of the contract. Insurance ‘The Contractor, at its own expense, shall procure, maintain and use a ‘company oF companies acceptable to the University providing insurance for the petiod ofthe contact and furnish tothe University a verificate of insurance showing tht the provisions of this paragraph have been complied with. The policies shall contain a covenant by the company issuing the policies thatthe policies shall not be canceled by the issuing company unless thirty (30) day writen notice ofthe cancellation first be given tothe Vice President for Busines Affairs of Midwestern State Univesity. ‘The Policies referred to in (2) and (3) below shall be endorsed to reflect thet the State of Texas (Midwestem Stale Univesity) are additional insureds ‘thereunder. Policy mast reflect that iti primary and not contributory with any insurance maintained by Midwestern State University. Certificate of Insurance showing te following amounts of coverage required must be received by Midwestem State University prior to commencing work under this contact. 1) Workmen's ccmpensation insurance shall be provided fora eligible employees. 2) Comprehensive bodily injury and property damage lisbilty insurance shall be provided in minimum limits not less then shown below: Per Occurrence $1,000,000 3) Automobile lisbility shall he provided inthe minimum limite of $51,000,000 Combined Single Limit injury to or death of any one person, foreach accident of occurrence 4) Should the Contractor fil to pay said premiums when due, the University shall have the option of exercising its rights of termination, 5) The Contractor shall secure, pay for, and maintain during the life of the contract a blanket employee's dishonesty bond in the amount of five thousand dollars ($5,000). ©) ‘The Centractor shall save, keep harmless, and defend the Beard of| Regents, Midwestern State University andthe Universi, against any. and a liability claims, costs of whatsoever kind and nature ‘or injury to or death of any person or persons and for loss or damage to any’ property (University or otherwise) occurring in connection with or in ‘any way incident to or arising out ofthe occupancy, use, service, ‘operations, or performance of work in connection with this contrat, resulting in whole or pert from the negligent acts or omissions of Contractor, employee, agent, or representative of Contractor. "The ‘Contractor waives any right of subrogation against Midwestern State University in connection wit any insurance proceeds received by or due Midwester State University Parties tothe Contract. ‘The contract shal be between Midwestern State University known asthe “University” and Maariny Saru'ees known herein asthe “Contractor” forte provision of soft drink vending services according to the terms set forth herein. Dr. John Alexander, Vice President for Busine fairs shall bethe representative of the University responsible fo the ‘administration ofthe contract and refered to herein a “the appropriste ‘campus authority or University representative.” Contract Commencement {tis the intent of the University to commence this contract on January 1, 2002. Contract Lengtt ‘The contract shall be effective on the date indicated above and shall tun for five (5) year from that date, Price Guarantee ‘The Contractor shall guarantee all prices remain the same for twenty-four ‘months. After that period, price changes may be mutually agreed on by the University and the Contractor; provided, however, thatthe final decision on any price changes rests with the University. Contract Termirstion 1) “The University may terminate this contract for neglect, as solely