09.02 - Consider Equip Use Agreement for Water

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I'll 4. COMPENSATION 4.1 The use of the Jetter will cost PRASD $0.35 per foot. 4.2 The use of the Service truck will cost PRASD $10.00 per hour plus mileage at the current rate the IRS allows. 4.3 The use of the trailer mounted generator will cost the CITY $10.00 per hour. 4.4 Fuel; the owner is responsible to fill all fluids prior to the equipment's use. The renter is responsible to refill all fluids prior to the return of equipment. 5. MISCELLANEOUS 5.1 Exclusivity. The parties agree that the use of listed equipment is solely for their use, and cannot be re- rented or loaned to anyone. Nor can the equipment be used by anyone not a current employee of the parties. 5.2 Right of use or return. The parties may without prior warning need the use of their equipment. The other party agrees to return the equipment as soon as is safe to do so. 5.3 Equipment Maintenance. All regular or routine maintenance shall be completed by the owning party. Maintenance required that is not regular or routine shall be discussed by the parties prior to implantation. 5.4 Entire Agreement. This Agreement sets forth the entire agreement and understanding between PRASD and The City of Pequot Lake regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, under - standings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except in writing, signed by both parties. 5.6 Severability. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.