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Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A
<br />Substances. Aramark has advised the City that it does not provide or assume any responsibility to
<br />monitor or remediate mold, fungi, mildew, indoor air quality or any similar conditions, and that all
<br />determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar
<br />conditions shall be made by the City or a third parry retained by the City. In no case will any Aramark
<br />employee act in the capacity of a "Designated Person" (within the meaning of the Asbestos Hazard
<br />Emergency Response Act, "AHERA"), which duties remain solely with the City.
<br />Aramark will not be responsible for any conditions that existed in, on, or upon the Facility
<br />before the commencement date of this Agreement ("Pre -Existing Conditions"), including, without
<br />limitation, environmental impairments, and other conditions. Notwithstanding the general indemnity
<br />provision contained above in Section K, the City shall indemnify and hold harmless Aramark, its
<br />subsidiaries and affiliated companies, and their respective directors, officers and employees, against
<br />any liability related to, or arising out of, any defective condition or the presence of Hazardous
<br />Substances or Pre -Existing Conditions on or at the Facility or the surrounding premises, or the claimed
<br />or actual release or threatened release or disposal of Hazardous Substances from or at the Facility, to
<br />the extent not caused by the willful misconduct or grossly negligent acts or omissions of Aramark, its
<br />employees or subcontractors, including, without limitation, fines, penalties, clean-up costs, or costs of
<br />other environmental remediation measures.
<br />O. DAMAGES: Aramark's liability hereunder shall not under any circumstances exceed
<br />the greater of net revenue received by Aramark pursuant to this Agreement during the twelve (12)
<br />months prior to the applicable claim or (b) the actual proceeds of insurance (not to exceed the maximum
<br />limits of insurance required by Section 2.K.), less any applicable deductible. In no event will either
<br />party be liable to the other parry for any loss of business, business interruption, consequential, special,
<br />indirect or punitive damages.
<br />P. COMPLIANCE WITH LAWS: Each parry hereto shall comply with all statutes,
<br />lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities
<br />hereunder. The City shall provide reasonable and adequate physical security at all times for Aramark
<br />employees, suppliers, management and other authorized visitors, which at a minimum requires that a
<br />security officer be present at all times when an inmate is in the kitchen with an Aramark employee,
<br />supplier, management and other authorized visitors.
<br />Q. RETURN OF EQUIPMENT: Aramark shall return to the City at the expiration or on
<br />any termination of this Agreement the food and commissary service areas and all equipment furnished
<br />by the City in the condition in which received, except for ordinary wear and tear and except to the
<br />extent that said premises and equipment may have been lost or damaged by fire, flood, or other disaster,
<br />and except to the extent that said equipment may have been stolen by persons other than employees of
<br />Aramark without negligence on the part of Aramark or its employees.
<br />R. LICENSE, FEES, PERMITS, AND TAXES: Aramark shall secure and pay for all
<br />federal, state and local licenses, permits and fees required for the food and commissary services
<br />operation. The City represents and warrants that it is a tax-exempt entity and, further, agrees to provide
<br />evidence of its tax-exempt status to Aramark upon request. The City further agrees to notify Aramark
<br />promptly in the event of a change in its tax-exempt status. Aramark, as the commissary services retailer,
<br />shall be responsible for the collection and remittance of all applicable sales, use, excise and state and
<br />local business and income taxes attributable to the commissary operation and the sales of Products. In
<br />the event that a determination is made by a government authority that any sales, purchases, payments
<br />or use of property made to or by Aramark under this Agreement, either in whole or in part, is subject
<br />to any sales, use, gross receipts, property or any similar tax which tax was not contemplated by the
<br />parties at the commencement of operations hereunder, the full amount of any such tax liability, together
<br />with any interest paid by Aramark, shall be invoiced by Aramark and shall be reimbursed by the City,
<br />notwithstanding the fact that this Agreement may have expired or been terminated for any reason by
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