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<br />be liable, in contract, tort or otherwise, on account of any defect, <br />whether hidden, latent or otherwise discoverable or nondiscoverable <br />respecting the Vehicles. The Provider accordingly agrees not to assert <br />any claim whatsoever against the County based on any such defect. The <br />Provider further agrees, regardless of cause, not to assert any claim <br />whatsoever against the County for loss of anticipatory profits or <br />consequential damages. <br /> <br />IX. <br /> <br />MAINTENANCE, INSPECTIONS REPORTING AND MODIFICATIONS <br /> <br />The Provider and County agree that maintenance of the Vehicles is the <br />sole responsibility of the Provider. The Provider shall comply with <br />all the County's maintenance programs and maintenance schedules, at its <br />own cost and expense, as outlined in Attachment D, and employed as of <br />the date hereof by the County for similar equipment. The Provider <br />shall use the Vehicles only in the man~er for which designed and <br />intended and so as to subject them only to ordinary wear and tear. <br /> <br />The Provider agrees to perform or cause to be performed, at its sole <br />expense, any additional maintenance deemed necessary by the County. <br />This includes, but is not limited to, revisions in maintenance <br />schedules, longer term schedules which may become due while the <br />Vehicles are in the Provider's possession, and special maintenance <br />projects. Such additional maintenance shall be reasonable and in <br />keeping with good maintenance practice. <br /> <br />Nothing in this Agreement or County maintenance program shall be <br />construed as limiting the obligation of the Provider, at its own cost <br />and expense, to maintain and service tbe Vehicles in accordance with <br />prudent industry practice, including testing and repair of the Vehicles <br />so that the Vehicles will remain in as good operating condition as when <br />delivered (ordinary wear and tear excepted), and in compliance with any <br />and all applicable laws and regulation3, and suitable for immediate use <br />by the County upon return delivery, pursuant to Article XII. In no <br />event shall the Vehicles be maintained or scheduled for maintenance on <br />a basis less frequent than the maintenance as outlined in Attachment D. <br />The Provider shall provide, at its sole expense, any and all additional <br />maintenance which in its judgment becomes necessary. <br /> <br />If the Provider does not maintain or repair the Vehicles or pay all <br />operating expenses as this Agreement requires, the County may terminate <br />th~_ s Agreement. <br /> <br />The County reserves the right to suspend the use of the Vehicles by the <br />Provider and terminate this Agreement where the County has determined <br />such suspension is in the best interest of the health, safety and <br />welfare of persons and property. <br /> <br />Upon expiration or termination of this Agreement, the Provider shall <br />provide the County with all records of maintenance activities. <br /> <br />-5- <br />