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• <br /> 5. The City shall retain adequate insurance on all scoreboards. The City agrees to <br /> maintain and service the scoreboards for the duration of this Agreement. The arena retains <br /> the right to purchase the remaining porton of the scoreboards at anytime during the contract <br /> period at the prices indicated on the schedule below. At the end of the seven (7) year period, <br /> the $3,000 balance will be forgiven and scoreboards will become the property of the arena if all <br /> agreements are met. <br /> 1996 $17,000 <br /> 1997 $15,000 <br /> 1998 $13,000 <br /> 1999 $11,000 <br /> 2000 $ 9,000 <br /> 2001 $ 7,000 <br /> 2002 $ 5,000 <br /> 2003 $ 3,000 <br /> 6. Bernick agrees to furnish City with: <br /> — Two (2) large clocks <br /> — Three (3) smaller clocks <br /> — $2,500 yearly for advertising <br /> 7. Bernick will rebate City $375 per year for using 100% 20 oz. bottles. <br /> 8. Price and commissions will be as follows: <br /> All Sport 20 oz. $11.80 <br /> 20 oz. Bottle $14.00 <br /> Candy/Snack - 20% Commission <br /> Juice $12.00 <br /> Klarbrunn Water .5 liter $ 7.65 <br /> Premix $10.00 + deposit <br /> Pricing is guaranteed until 1999. At that time prices will be tied to the CPI <br /> (Consumer Price Index) and will not exceed a 5% increase. 1999 pricing <br /> will be in effect for the duration of the contract. <br /> 9. City agrees to feature 20 oz. vendors in its soft drink vending placements. <br /> 10. This Agreement constitutes the entire agreement between the parties hereto, and <br /> shall be binding upon their heirs, executors, administrators, legal representatives, successors, <br /> and assigns. This Agreement may not be altered or amended in any manner except in writing <br /> signed by both parties. No forbearance to exercise any right or privileges under this <br /> Agreement or waiver of any breach of any of its terms shall be construed as a waiver of any <br /> such terms, rights or privileges, but the same shall continue and remain full force and act the <br /> same as if no such forbearance or waiver had occurred. <br /> I I. This agreement shall be interpreted under and governed by the laws of the State of <br /> Minnesota. If any provisions hereof or the application of any provision to any person or <br /> circumstance is held invalid or unenforceable, the remainder hereof and the application of <br /> provision to other persons or circumstances shall remain valid and enforceable. <br />