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6. Terms of Payment. The Vendor is not eligible for funding until the WUN Park <br />Wi-Fi Project is operational. Once the WUN Park Wi-Fi Project is operational and <br />upon submission of a satisfactory request for reimbursement, the City will issue <br />the first annual payment of $2400 to the Vendor within 30 days. <br />7. Utilities. The Vendor shall pay and be responsible for any and all utility services <br />associated with the WUN Park Wi-Fi Project equipment and the Vendor shall <br />hold the Owner harmless from all liability for any such charges. <br />8. Repairs, Maintenance and Improvements. The Vendor shall have full <br />responsibility for all repairs and maintenance of the WUN Park Wireless Project <br />equipment, including repairing equipment damage due to vandalism. All repairs, <br />maintenance or improvements must be done in a workmanlike manner. The <br />Vendor shall be responsible for obtaining any permits required for repairs, <br />maintenance, and improvements. <br />9. Ownership of Equipment. The Project shall be the property of the Vendor with <br />Owner granted the right to make use of the WUN Park Wi-Fi Project's wireless <br />Internet service in the WUN Park and make this service available to others. <br />Once the term of the Project is complete or terminated, the Vendor will retain <br />ownership of all equipment. <br />10. Public Information. If the Vendor distributes any public information or marketing <br />related to the Project, the Vendor will credit the City of Eugene Parks and Open <br />Space and the City of Eugene Information Services Division programs. <br />11. Amendment of Terms. These terms and conditions may be amended only upon <br />mutual written agreement of the Owner and Vendor. Any renewal terms shall be <br />negotiated between the parties. Exhibit A and these terms and conditions form <br />the complete understanding of the parties as to the Project. <br />12. Termination. The Owner may terminate the Project upon an order by the <br />Eugene City Manager that the public interest requires termination. Upon <br />termination of the Project, the Vendor shall have no claim for additional funds. <br />Either party may terminate the agreement due to vandalism that renders the <br />project equipment unusable or that repeatedly requires equipment repair. Notice <br />of termination shall be provided in writing. <br />13. Indemnification, Liability, and Insurance. <br />13.1 Indemnification by Vendor. The Vendor agrees to indemnify, defend <br />and hold harmless the Owner, its officers, agents, and employees, from any <br />claims, actions, liability or costs, including attorney fees and other costs of <br />defense, arising out of or in any way related to the installation, maintenance, and <br />operation of the WUN Park Wi-Fi Project equipment under this agreement and <br />arising from the sole or joint negligence and or fault of the Vendor, its members, <br />agents, officers, or staff. <br />Statement of Terms and Conditions for WUN Park Wi-Fi Project Page 2 <br />