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HomeMy WebLinkAboutCAG1989-0139 - Original - Armored Transport Northwest, Inc. - Armored Car Service - 09/20/1989 ARMORELi TRANSPORT NORTH1rvEST, INC. ARMORED CAR SERVICE AGREEMENT P.O. BOX 15060— LOS ANGELES, CA 90015 IT IS HEREBY AGREED by and between ARMORED TRANSPORT NORTHWEST, INC. Hereinafter called CARRIER and CITY OF KENT ATTN: TONY MC CARTHY, FINANCE DIRECTOR NAME 220 4TH AVE S. KENT WA 98032-5895 STREET CITY STATE Zip Hereinafter called CUSTOMER, that: SECTION I. (a) CUSTOMER maintains at the following location— certain establishment— where armored car service is required. SEE ATTACHMENT (b) CARRIER maintains a service for the purpose of protecting property and transporting it to orfrom a bank or other location as designated by CUSTOMER. SECTION II. (a) The word"property'as used in this agreement shall mean currency,coins,precious metals,notes,bonds,securities,and all other things of value. (b) The word"shipment" as used herein shall mean the total property received from or destined to one location, branch, or facility. (c) CARRIER agrees to render service to CUSTOMER as follows: SEE ATTACHMENT (HOLIDAYS EXCLUDED) AUTHORIZED ARMED COLLECTORS WILL CALL AT THE ABOVE MENTIONED LOCATION(S), DELIVER AND/OR RECEIPT FOR A SEALED OR LACKED PACKAGE OR PACKAGES CONTAINING PROPERTY WHICH WILL BE DELIVERED IN THE SAME CONDITION AS RECEIVED AND SECURE PROPER RECEIPT FOR SAME. HOLIDAYS: NEW YEARS, M.L. KING JR. DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY AND CHRISTMAS DAY. It is understood and agreed that when a holiday falls on a Sunday the following Monday shall constitute the holiday; when a holiday falls on a Saturday the preceding Friday, that Saturday, or the following Monday shall constitute the holiday. SECTION III. (a) CARRIER agrees at all times during the life of this agreement to purchase and maintain insurance with a responsible insur- ance company to cover loss or destruction of property handled or protected by CARRIER, its agents or employees, on behalf of CUSTOMER pursuant to this agreement. CARRIER agrees to furnish CUSTOMER with written evidence of compliance with this provision. It is understood and agreed that CARRIER shall not be liable in any capacity for harm to CUSTOMER'S property or for damages directly and/or proximately flowing from harm to CUSTOMER'S PROPERTY while said property is in the possession of CARRIER, nor shall CARRIERS insurance be required to cover such damages when same are caused by any of the following: 1. Hostile or warlike action in time of peace or war, including but not limited to,action which hinders,combats or defends against an actual, impending or expected attack, by any government or sovereign power(de jure or de facto), or by any authority maintaining or using military,naval or air forces',or by military,naval or air forces',or by an agent of any government,power,authority or force; 2. Any weapon of war employing atomic fission or radioactive force whether in time of peace or war, 3. Any accident or catastrophe occurring at a government or private facility employing the use of atomic fission or radio- active energy whether in time of peace or war; 4. Insurection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combatting or defending against such an occurrence, seizure or destruction under quarantine or customers regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. (b) Except as hereinabove provided,it is understood and agreed that CARRIER insurance company will be liable up to the sum TWE�V'I'Y FIVE THOUSAND AND 00/100 S---- --------------------- of ------- Dollars ($ 25,000.00------------------"------'TP-er shipment, which sum is the agreed maximum value of any single shipment in that the service and liability obligations assumed by CARRIER and the rates charged by CARRIER are based, in part, upon the values of shipments as declared by CUSTOMER,for the safe delivery or return of any shipment of CUSTOMER'S in the possession of CARRIER,or in the possession of the agents or employees of CARRIER Pursuant to the terms of this agreement. (c) CARRIER shall not be liable in any capacity for damages, including but not limited to loss of interest, directly and/or proximately flowing from any delay in or failure to make pickups or deliveries on CUSTOMER'S behalf pursuant to the terms of this agreement due to strikes,work stoppages, lockouts, epidemics, pestilence,war, rebellion, insurrection, hostilities, legal process, court action,mechanical failure,misdelivery of CUSTOMER'S property,late delivery of CUSTOMER'S property,accidents,fires,acts of God or causes beyond CARRIER'S control. It is understood and agreed that CARRIER is not a guarantor of any pickup or delivery times set forth as a part of this agreement as the parties hereto understand and agree that any such times are mere approximations or estimates. (d) CUSTOMER Understands that time is of the essence to CARRIER'S business, therefore, CUSTOMER agrees that CARRIER'S messenger/collector shall have to wait no more than a maximum of THREE (3) minutes to make his pickup - 1 - REV.3/85 and delivery. If CUSTOMER'S agent or floyee does not assist said messenger/collect( that time period,it is agreed that the messenger/collector may leave and that such departure,shall be.consistent with, and therefore not a breach of, this agreement. CUSTOMER may call and request that a service call be made by CARRIER subsequent to such departure. By requesting same, CUSTOMER agrees to pay for said additional service call at a rate to be established by mutual agreement, such charges to be in addition to regular service charges. SECTION IV. (a) CARRIER agrees to furnish to CUSTOMER the certified signature of each authorized collector,and to give written notice in the event of revocation of such authority. CARRIER assumes no liability for property delivered to any employee or other person except those whose unrevoked signature are on file with CUSTOMER. (b) CUSTOMER agrees to cause all shipments to be made by means of placing CUTOMER'S property in securely sealed packages or containers which clearly and distinctly indicate the name and address of the consignor as well as the name and address of the consignee. CUSTOMER further agrees to clearly and distinctly set forth the value of each shipment on the outside of the sealed packages or container. Additionally, CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup shipments which are not securely sealed and properly marked asset forth above and that CARRIER assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. (c) CARRIER'S possession of CUSTOMER'S shipment begins only after an armed collector employed by CARRIER signs a receipt for and receives said shipment into his physical custody, thereafter CARRIER'S possession of CUSTOMER'S property terminates when and as an authorized teller at CUSTOMER'S bank or an authorized agent designated by CUSTOMER receives custody(i.e. physical possession or control) of the shipment or signs CARRIER'S route sheet or other receipt acknowledging delivery.It is understood and agreed that CARRIER'S liability for the handling or protection of CUSTOMER'S property arises and co- exists solely with CARRIER'S possession thereof. (d) (i)it is understood and agreed that under no circumstances or theory of liability shall CARRIER and/or CARRIER'Sinsurance company be liable for any incidental or consequential damages resulting from or occasioned by the loss of or damage to any shipment delivered to CARRIER pursuant to this agreement. (i) It is understood and agreed that under no circumstances shall CARRIER and/or CARRIER'S insurance company be liable or responsible for any claim for loss of or damages to CUSTOMER'S property which is not submitted in writing to CARRIER within sixty(60)days after the date that said loss or damage purportedly occurred.Within thirty(30)days after the giving of written notice of a claim of loss or damage, (CUSTOMER agrees to furnish CARRIER a detailed written statement of the circumstances surrounding such loss or damage as well as detailed written proof of such loss or damage in form satisfactory to CARRIER,which proof of loss shall be substantiated by the books, records and accounts of CUSTOMER and shall be subscribed and sworn to by CUSTOMER)or its duly authorized officer.Failure of CUSTOMER to comply with the foregoing shall relieve and release CARRIER of any liability to CUSTOMER with respect to such claimed loss or damage. (e) CUSTOMER guarantees and warrants that it maintains a complete and accurate record of all checks placed in any shipment given to CARRIER and in the event of a loss,CUSTOMER agrees to promptly,diligently,and completely cooperate with CARRIER in the identification and replacement of lost, destroyed or stolen checks which had been contained in any such shipment.Complete cooperation shall include but not be limited to requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so,then to assert all its legal and equitable rights against said makers.CUSTOMER agrees that CARRIER and CARRIER'S insurance company shall not be liable for damages directly or proximately flowing from CUSTOMER'S breach of this provision. SECTION V. (a) CUSTOMER agrees to pay CARRIER for the services enumerated herein the sum of SEE ATTACHMENT Dollars (s SEE ATTACHMENT ). (b) Services under this agreement shall begin on the 9TH day of OCPOBER 119 81 and shall continue fora period of one month and thereafter from month to month until cancelled by either party giving the other party thirty(30) days written notice thereof in writing. (c) This agreement shall become effective only when approved and signed by executive officers of the parties hereto. This agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force and effect.This agreement shall be binding in accordance with its terms upon the parties hereto and their respective transferees, assigns and successors in interest; provided, however, this agreement may be assigned by CARRIER to any parent of subsidiary corporation thereof; or to any corporation which it may hereafter acquire or with which it may be merged or consolidated, or to any corporation acquiring the business and assets of CARRIER, but this agreement shall not otherwise be assigned by either party hereto without the prior written consent of the other party. This agreement may be altered, amended or superseded solely by means of a writing signed by the parties hereto. (d) In the event of litigation between the parties hereto,which litigation arises out of the terms of this agreement,the prevailing party shall be entitled in addition to any other appropriate relief to an award of reasonable attorneys fees and litigation costs. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be entered into and executed this 2.OTH day of SEPTEf+1BER 19 89 by the respective officer thereunto duly authorized. CITY OF KENT ARMORED TRANSPORT NOR TI ST, INC. 1 By r ,-�- - By Title Ma!44)12--` C1 TL.f 6-P KE4 IT Title ROBERT G. IRVIN, PRESIDENT 230-51 - 2- REV.3/85 /r US BANK OF WASHINGTON KENT COMMONS LOCATION SERVICE DAYS PRICE START DATE KENT COMMONS M-T-W-TH-F-S $227.85 10-9-81 KENT CITY HALL M-T-W-TH-F 184.80 10-9-81 KENT GOLF COURSE M-T-W-TH-F 477.60 10-9-81 RIVERBEND GOLF COURSE S-M-T W-TH-F-S 270.90 6=12-89 f � +1 �aet„! .Ffi "j� ,AAyJS�'�"(¢!•� +}.Rfi 6a 1G� .*� r .4 1 :nJ ,JM'• F )F'�' ( k 31 �1 Nt T*y k x'Y"'Q1` N 12. ! i <uuc- �v;E��k �' ,� 7 C ? O3 CD m c °w a = m t' Nn c CD 3 n w o o c a m 3 m �o a m a rn �9 on o C G 3 Q n CCD n O �' c 03 O a N N ~�GfRS' (D 3 o m .+ a N > C `0 D' 7 C 3 m C ` O a 9 Q (-- rt ,� a m a c a; o n a o m m (D m En m (o cu w y (D to z z �71D 0 CA o o in m � o m oa 0 rto N I" (D w o ci o m y (D cr y N b _ 0 o rt rt (n - m m a .� a 3 c © rt N a x z ai ° o ° 3_. co oC aD 3 CD C�O Z Z_ m o f (D y -i CL m a � v� �' a C O 9 N a o 3 (o N O m 0 0 m � C Q A G 1 M 9x � y 4 C 0 0o C. r; m o N N. n Z a CD Z 3 D � cD � � � o �' o � Z _ 0 0 p oo rt m 0 m w m 0 x H Q W � a _ .� —I N• O Q co 3 D N = a33 ,i O °° CD Cl< CD 3 O m a 0 y C v' n � Q3, � n aim n � > > C m Ul C (D 3 (D C o m m � Z•1 ►�. O Q O (D � (D 0 Z � ti fD. m w CD (D a m 0 3 z 00 C = c = a w �, n -� Z cm c m z b m = Q 0 c� o A i� "' a o Qm0 z �m z m0 rn Q m 3 2 3 3 ; �. o Z o > > z o Z O � 3 = w CD CD 0 3 CD n w �0 CL 3 z � a' 0 cn�� 000 A O �, ° C �" (D - cn m cmio0000 A m cD a S Z (D o Z 7C—]D � � D c ao � 3 o (D D H 0 �zzzzZ n D 0 Q = o c, Z 2° cD .( W cn cn cn cn cn j 7D $ O o` m o m o 0 171 = N 0 O �' a M00000 m rNn V (D (D N w CoN -0 0 ,Z co n y 0 a 3 n� O (� o o co =� m 5 m0z00 O > o �. = o. �o m cnTi o z c�n r m w A7 = - s al< w w o C cn T C m p 70,7 m w j 0 Z z p n � ` p y ZnD a _ 3 0Z lV mm > 0 > �o�t0 TIA,yJAo ARMORE: TRANSPORT NORTHWEST, ;NC. with locations In: SEATTLE • BELLINGHAM • PORTLAND • SALEM EUGENE ~�gTM1MES� SEPTEMBER 20, 1989 CITY OF KENT 220 4TH AVE S. KENT, WA 98032-5895 ATTENTION: TONY MCCARTHY By mutual agreement we modify Contract Number dated SEPTEMBER 20, ti 989 SERVICE: ADDITIONAL SERVICE ( ) D� , ION IN SERVICE ( ) * CHANGE IN SERVICE ( XX ) CANCELLATION OF SERVICE ( ) * DAYS OF SERVICE: FROM MONDAY THROUGH SUNDAY TO MONDAY THROUGH FRIDAY * LOCATION: RIVERBEND GOLF COURSE, 2019 WEST MEEKER AND PAR THREE * LIABILITY: FROM $20, 000. 00 TO $45, 000. 00 * PRICE: . FROM $270. 90 TO $193 . 00 PER MONTH * EFFECTIVE: 9-18-89 DATED: 9-20-89 ACCEPTED: CITY OF KENT t ARMORF�TRANSPQRT NO TH,WEST, INC MBY t BY TITLE: (t NJkrJi, IJ ?�f )k TIT ROBIItT G. IRVIN PRESIDENT REF. CSO# 31380 230-52 1401 EAST YESLER WAY • SEATTLE, WASHINGTON 98122 9 (206) 322-8848 T14p ARMORE, TRANSPORT NORTHWES1 , INC. with locations in: SEATTLE • BELLINGHAM • PORTLAND • SALEM EUGENE ♦�Q7IIWES� SEPTEMBER 20, 1989 CITY OF KENT 220 4TH AVE S. KENT, WA 98032-5895 ATTENTION: TONY ,CCARTHY By mutual agreement we modify Contract Number _ dated SEPTEMBER 20, _1989 SERVICE: ADDITIONAL SERVICE ( ) DE - ION IN SERVICE ( ) * CHANGE IN SERVICE ( XX ) CANCELLATION OF SERVICE ( ) DAYS OF SERVICE: * LOCATION: KENT DRIVING RANGE, 2020 WEST MEEKER, KENT * LIABILITY: $20, 000.00 PER SHIPMENT * PRICE: FROM $477. 60 TO $270 . 90 PER MONTH * EFFECTIVE: 9-1 6-8 9 DATED: 9-20-89 ACCEPTED: CIY 9F KENT ARMORED TNSPORT NORTHW ST,INC. BY: BY: TITLE: 'r N IL ('ll Q'� � TITLE: ROBERT G. IRVIN, PRESIDENT REF. CSO# 31380 230-52 1401 EAST YESLER WAY • SEATTLE, WASHINGTON 98122 • (206) 322-8848 Armored'1 ransport Northwest, Inc. Ili � Gear. Customer, Six (6) years ago this company was operating under the name of Continental Armored Transport, Inc. Armored Transport Northwest, Inc. has since purchased that company. During the turn around, your contract was missed in updating the contract so that the CARRIER will read, "Armored Transport Northwest, Inc." I have taken the. initiative to enclose three (3) copies of an updated contract with your company. However your ori.g final. date of rvi_ce dues appear on this contract. I would like to asi: you, or your c:ont-i:act depe.rtmenr_ s.i:;n ��?i t"rc:� (3) copies and return them to the below listed address on this stationery. My office will in turn send all three (3) copies to our corporate office in Los Angeles. Our president will sign these copies, retain one copy for his files, serid one for my files, anJ the other will be sent to your office with a certificate of insurance. Wa here at Armored Transport Northwest, Tnc. , would i . .reci_ate the return of these three (3) enclosed copies of the contract back in a timely manner if so possihi.e. Thank you for your time and cooperation in this matter. Tf_ T can be of any assistance to you in the future, please call at 322-8848. Again, thank you. sincer6.. Y.at, y A. Hof n Secretary / Enc:losvirelet PPP 1401 East Yesler Way Seattle,WA 98122 206-322-8848 v ARMOREV TRANSPORT NORTHWEST, INC. ARMORED CAR SERVICE AGREEMENT P.O. BOX 15060— LOS ANGELES, CA 90015 IT IS HEREBY AGREED by and between ARMORED TRANSPORT NORTHWEST, INC. Hereinafter called CARRIER and RE: KENT COMMONS U.S. BANK OF WASHINGTON NAME STREET PO BOX 250 CITY STATE KEW WA 98031. ZIP Hereinafter called CUSTOMER, that: SECTION I. (a) CUSTOMERAITTACs aH tMENe following location— certain establishment—where armored car service is required. SEE (b) CARRIER maintains a service for the purpose of protecting property and transporting it to or from a bank or other location as designated by CUSTOMER. SECTION Il. (a) The word"property"as used in this agreement shall mean currency,coins,precious metals,notes,bonds,securities,and all other things of value. (b) The word"shipment" as used herein shall mean the total property received from or destined to one location, branch, or facility. (c) CARRIER agrees to render service to CUSTOMER as follows: SEE ATTACHMENT(HOLIDAYS EXCLUDED) AUTHORIZED ARMED COLLECTORS WILL CALL AT THE ABOVE MENTIONED LOCATION(S) , DELIVER AND/OR RECEIPT FOR A SEALED OR LOCKED PACKAGE OR PACKAGES CONTAINING PROPERTY WHICH WTLL BE DELIVERED IN THE SAME CONDITION AS RECEIVED AND SECURE ?ROPER RECEIPT FOR SAME. HOLIDAYS: NEW YEARS DAY, M.L. KING JR DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRIS74AS DAY. It is understood and agreed that when a holiday falls on a Sunday the following Monday shall constitute the holiday;when a holiday falls on a Saturday the preceding Friday, that Saturday, or the following Monday shall constitute the holiday. SECTION III. (a) CARRIER agrees at all times during the life of this agreement to purchase and maintain insurance with a responsible insur ance company to cover loss or destruction of property handled or protected by CARRIER, its agents or employees, on behalf of CUSTOMER pursuant to this agreement. CARRIER agrees to furnish CUSTOMER with written evidence of compliance with this provision. It is understood and agreed that CARRIER shall not be liable in any capacity for harm to CUSTOMER'S property or for damages directly and/or proximately flowing from harm to CUSTOMER'S PROPERTY while said property is in the possession of CARRIER, nor shall CARRIER'S insurance be required to cover such damages when same are caused by any of the following: 1. Hostile or warlike action in time of peace or war, including but not limited to,action which hinders,combats or defends against an actual, impending or expected attack, by any government or sovereign power(de jure or de facto), or by any authority maintaining or using military,naval or airforces',or by military,naval or airforces',or by an agent of any government,power,authority or force; 2. Any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 3. Any accident or catastrophe occurring at a government or private facility employing the use of atomic fission or radio- active energy whether in time of peace or war, 4. Insurection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combatting or defending against such an occurrence, seizure or destruction under quarantine or customers regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. (b) Except as hereinabove provided,it is understood and agreed that CARRIER insurance company will be liable up to the sum of TWFTPY—FIVE THOUSAND AND 00/1001S PER LOCATION--------------------- Dollars ($ 25,000.00 PER LOCATION-------------) per shipment, which sum is the agreed maximum value of any single shipment in that the service and liability obligations assumed by CARRIER and the rates charged by CARRIER are based, in part, upon the values of shipments as declared by CUSTOMER, for the safe delivery or return of any shipment of CUSTOMER'S in the possession of CARRIER,or in the possession of the agents or employees of CARRIER Pursuant to the terms of this agreement. (c) CARRIER shall not be liable in any capacity for damages, including but not limited to loss of interest, directly and/or proximately flowing from any delay in or failure to make pickups or deliveries on CUSTOMER'S behalf pursuant to the terms of this agreement due to strikes,work stoppages, lockouts, epidemics, pestilence,war, rebellion, insurrection, hostilities, legal process, court action,mechanical failure,misdelivery of CUSTOMER'S property,late delivery of CUSTOMER'S property,accidents,fires,acts of God or causes beyond CARRIER'S control. It is understood and agreed that CARRIER is not a guarantor of any pickup or delivery times set forth as a part of this agreement as the parties hereto understand and agree that any such times are mere approximations or estimates. (d) CUSTOMER Understands that time is of the essence to CARRIER'S business, therefore, CUSTOMER agrees that CARRIER'S messenger/collector shall have towait no morethan a maximum of THREE (3) minutes to make his pickup 1 _ REV.3/85 and delivery. If CUSTOMER'S agent c ployee does not assist said messenger/collec i that time period,it is agreed that the messenger/collector may leave and that such departure shall be consistent with, and therefore not a breach of, this agreement. CUSTOMER may call and request that a service call be made by CARRIER subsequent to such departure. By requesting same, CUSTOMER agrees to pay for said additional service call at a rate to be established by mutual agreement, such charges to be in addition to regular service charges. SECTION IV. (a) CARRIER agrees to furnish to CUSTOMER the certified signature of each authorized collector,and to give written notice in the event of revocation of such authority. CARRIER assumes no liability for property delivered to any employee or other person except those whose unrevoked signature are on file with CUSTOMER. (b) CUSTOMER agrees to cause all shipments to be made by means of placing CUTOMER'S property in securely sealed packages or containers which clearly and distinctly indicate the name and address of the consignor aswell as the name and address of the consignee. CUSTOMER further agrees to clearly and distinctly set forth the value of each shipment on the outside of the sealed packages or container. Additionally, CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup shipments which are not securely sealed and properly marked as set forth above and that CARRIER assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. (c) CARRIER'S possession of CUSTOMER'S shipment begins only after an armed collector employed by CARRIER signs a receipt for and receives said shipment into his physical custody, thereafter CARRIER'S possession of CUSTOMER'S property terminates when and as an authorized teller at CUSTOMER'S bank or an authorized agent designated by CUSTOMER receives custody(i.e. physical possession or control) of the shipment or signs CARRIER'S route sheet or other receipt acknowledging delivery.It is understood and agreed that CARRIER'S liability forthe handling or protection of CUSTOMER'S property arises and co- exists solely with CARRIER'S possession thereof. (d) (i)it is understood and agreed that under no circumstances or theory of liability shall CARRIER and/or CARRIER'S insurance company be liable for any incidental or consequential damages resulting from or occasioned by the loss of or damage to any shipment delivered to CARRIER pursuant to this agreement. (ii) It is understood and agreed that under no circumstances shall CARRIER and/or CARRIER'S insurance company be liable or responsible for any claim for loss of or damages to CUSTOMER'S property which is not submitted in writing to CARRIER within sixty(60)days after the date that said loss or damage purportedly occurred.Within thirty(30)days after the giving of written notice of a claim of loss or damage, (CUSTOMER agrees to furnish CARRIER a detailed written statement of the circumstances surrounding such loss or damage as well as detailed written proof of such loss or damage in form satisfactory to CARRIER,which proof of loss shall be substantiated by the books, records and accounts of CUSTOMER and shall be subscribed and sworn to by CUSTOMER)or its duly authorized officer.Failure of CUSTOMER to comply with the foregoing shall relieve and release CARRIER of any liability to CUSTOMER with respect to such claimed loss or damage. (e) CUSTOMER guarantees and warrants that it maintains a complete and accurate record of all checks placed in any shipment given to CARRIER and in the event of a loss,CUSTOMER agrees to promptly,diligently,and completely cooperate with CARRIER in the identification and replacement of lost, destroyed or stolen checks which had been contained in any such shipment.Complete cooperation shall include but not be limited to requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so,then to assert all its legal and equitable rights against said makers.CUSTOMER agrees that CARRIER and CARRIER'S insurance company shall not be liable for damages directly or proximately flowing from CUSTOMER'S breach of this provision. SECTION V. (a) CUSTOMER agrees to pay CARRIER for the services enumerated herein the sum of SEE ATTACHMENT Dollars ($ SEE ATTACHMENT ) (b) Services under this agreement shall begin on the 9TH day of OCTOBER 19-$1--. and shall continue fora period of one month and thereafter from month to month until cancelled by either party giving the other party thirty(30) days written notice thereof in writing. (c) This agreement shall become effective only when approved and signed by executive officers of the parties hereto. This agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force and effect.This agreement shall be binding in accordance with its terms upon the parties hereto and their respective transferees, assigns and successors in interest; provided, however, this agreement may be assigned by CARRIER to any parent of subsidiary corporation thereof; or to any corporation which it may hereafter acquire or with which it may be merged or consolidated, or to any corporation acquiring the business and assets of CARRIER, but this agreement shall not otherwise be assigned by either party hereto without the prior written consent of the other party. This agreement may be altered, amended or superseded solely by means of a writing signed by the parties hereto. (d) In the event of litigation between the parties hereto,which litigation arises out of the terms of this agreement,the prevailing party shall be entitled in addition to any other appropriate relief to an award of reasonable attorneys fees and litigation costs. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be entered into and executed this 27TH day of JULY 19 89 , by the respective officer thereunto duly authorized. US BANK OF WASHINGTON ARMORED TRANSPORT NORTHWEST, INC. KENT COMMONS By By Title Title ROBERT G. IRVIN, PRESIDENT 2_ REV.3/85 US BANK OF WASHINGTON KENT COMMONS LOCATION SERVICE DAYS PRICE START DATE KENT COMMONS M-T-W-TH-F-S $227.85 10-9-81 KENT CITY HALL M-T-W-TH-F 184.80 10-9-81 KENT GOLF COURSE M-T W-TH-F 477.60 10-9-81 RIVERBEND GOLF COURSE S-M-T-W-TH-F-S 270.90 6=12-89