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<br />Docusi g n Envelope lD: 48EgF g 47 -2959-4C03-BAC D- 4D21 E4}2E44C
<br />6. PAYMENI TERMS. The amount of the monthly maintenance fee will be listed on the applicable Schedule and will be due and payable in advance on the first day
<br />of each month. lf the first day of the Term for a Covered Vehicle is other than ihe first day of a calendar month, Lessee will pay EFM, on the first day of the Term
<br />for such Covered Vehicle, a pro-rated maintenance fee for the number of days that the Delivery Date precedes the first monthly maintenance fee payment date. Any
<br />monthly maintenance fee or other amount owed by Lessee to EFM under this Agreement which is not paid within twenty (20) days after its due date will accrue
<br />interest, payabte upon demand of EFM, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii)
<br />the highest rate allowed by applicable law. The monthly maintenance fee set forth on each applicable Schedule allows the number of miles per month as set forth
<br />in such Schedule. Lessee agrees to pay EFM at the end of the applicable Term (whether by reason of termination of this Agreement or otherwise) an overmileage
<br />maintenance fee for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. EFM may, at its option, permit Lessor, as
<br />an agent for EFM, to bill and collect amounts due to EFM under this Agreement from Lessee on behalf of EFM.
<br />7. NO WARRANTIES. Lessee acknowledges that EFM does not perform maintenance or repair services on the Covered Vehicles but rather EFM arranges for
<br />maintenance and/or repair services on the Covered Vehicles to be performed by third parties. EFM MAKES N0 REPRESENTATI0N 0R WARRANry WHATS0EVER
<br />OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TMDE OR OTHERWISE WITH
<br />RESPECT TO ANY EQUIPMENT, PRODUCTS, REPAIRS OR SERVICES PROVIDED FOR UNDER THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT
<br />LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH SPECIFICATIONS,
<br />OPEMTION, CONDITION, SUITABILITY PERFORMANCE OR QUALITY. ANY DEFECT IN THE PERFORMANCE OF ANY PRODUCT, REPAIR OR SERVICE WILL NOT
<br />RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENI INCLUDING THE PAYMENT TO EFM OF THE MONTHLY MAINTENANCE FEES AND OTHER
<br />CHARGES DUE UNDER THIS AGREEMENT.
<br />In no event shall EFM or its agents or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages,
<br />lost profits or revenues or diminution in value, arising out of or relating to this agreement, including, without limitation, any breach or performance of this
<br />agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not EFM or iis agents or their respective affiliates were advised of the
<br />possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit,
<br />arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
<br />s. LESS0R NOI A PARTY. Lessor is not a party to, and shall have no rights, obligations or duties under or in respect of, this Agreement.
<br />9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person, electronic mail or mailed postage prepaid
<br />by registered or certified mail or sent by express overnight delivery service with a nationally recognized carrier, to the appticable party at its address set forth
<br />on the signature page of this Agreement, or at such other address as any party hereto may designate as its address for communications under this Agreement
<br />by notice so given. Any such notice or communication sent by mail will be effective and deemed received three (3) days after deposit in the United States mail,
<br />duly addressed to the address for the Party set forth below, with registered or certified mail postage prepaid. Any such notice or communication sent by express
<br />overnight delivery service with a nationally recognized carrier will be effective and deemed received one ('l) day after deposit with such delivery service, duly
<br />addressed, with delivery fees prepaid. The Lessee shall promptly notify EFM of any change in the Lessee's address.
<br />l0.M;SCELIANE0US. This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof. Any provision of this Agreement
<br />which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability
<br />without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This
<br />Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign,
<br />transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and
<br />construed in accordance with the substantive laws of the State of Missouri (without reference to conflict of law principles).
<br />lN WITNESS WHEREOF, EFM and Lessee have executed this Full Maintenance Agreement as of the day and yearfirst above written
<br />Enterprise Fleet Management, lnc.LESSEE Kittitas Countv EFM:
<br />Signature
<br />By:
<br />Title:
<br />Address:
<br />By:
<br />Title:
<br />Flnran trllintf
<br />Kittitas Countv Auditor
<br />Address:205 West 5th Ste 105, Ellensburg, WA 98926
<br />DateSigned: February 7, 2024
<br />,
<br />g"*L Cill;rl
<br />Brock Griffith
<br />SftO Naches Arre SW Ste 3OO
<br />lnitials:
<br />gQ be
<br />Date Signed February 7, 2024
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