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12. The vendor agrees not to subrogate against the Town for damage to vendor’s property caused by Town employees or its’ representatives. 13. The vendor shall abide by and enforce the following rules and regulations: a. All space except concession stand and pro shop are 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. 14. The Town of Hamburg Ice Arena is deemed total smoke-free areas as governed by the Erie County Anti-Smoking Law. This decision is based on Section 6, Option to Declare Establishment “Smoke-Free” of the Local Law. 15. The bid price will be for the 2026-2027, 2027-2028, (2028-2029 option) arena seasons; at the amount specified. 16. Acceptable bids are at the discretion of the vendor and will be reviewed when opened on May 13th, 2026, at 11:00 a.m. Full payment must be received in one payment by July 1st of 2026-2027, 2027-2028, option 2028-2029. 17. The successful applicant shall enter into an agreement by June 1st, 2026, with the Town covering the foregoing terms herein set forth, prior to occupancy. 140