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Town and its insurance consultants. 12. The Town agrees to provide and maintain the following equipment/services: • Refrigerator (recently replaced) • Fryers x2 (recently replaced) • Pepsi fridge • Kitchen hood cleaning service In entering into this Agreement, the vendor acknowledges and agrees that it has had a reasonable opportunity to review and inspect all of the equipment set forth herein and provided by the Town, has determined that it is safe and reasonable for its intended purposes and is accepting such equipment in its “AS IS, WHERE IS” condition, and further acknowledges that the Town is making no warranties as to the equipment’s suitability for any of vendor’s intended uses as to the same. 13. Equipment other than that listed above, as provided by the Town, shall be provided by the vendor but all of the equipment, including the use of the equipment listed above shall be insured by the vendor. Furthermore, the vendor agrees not to subrogate against the Town for damage to vendor’s property caused by Town employees or its’ representatives. 14. The vendor shall abide by and enforce the following rules and regulations: a. All space except concession stand is reserved for Town use. b. No beverages should be sold or delivered into containers that are brought by any patrons. No refreshments are to be dispensed in glass or metal containers. c. No additions or alterations may be made to the premises temporarily or otherwise, by the vendor. d. Vendor cannot sub-contract the sale or distribution of any food/beverage to any outside entities on the premises. e. The vendor shall use reasonable and diligent care in using and maintaining the property and equipment in a condition as good as at present, ordinary wear and usage expected, and shall deposit with the Town the sum of One Thousand ($1000) Dollars cash, or certified check, as security for said return. If said property and equipment is returned in a condition as good as at the present, ordinary wear and usage accepted, said deposit shall be returned to the bidder. If any property is damaged, such portion of said deposit necessary to repair and/or replace the damaged property and equipment shall be forfeited to the Town of Hamburg, but such forfeiture shall in no way prevent or limit the Town of Hamburg from pursuing any further claims for damages which exceed the amount of the deposit forfeited. f. Vendor shall provide all necessary restaurant equipment, in addition to whatever equipment may now be on the premises owned by the Town of Hamburg. 19