CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use my comply with all law, ordinances, and regulations to the possession, use, or maintenance of the equipment.
ALTERATIONS. The User shall make no alterations to the equipment without the prior written approval of SETRAC. All alterations shall be the property of SETRAC and subject to the terms of this agreement.
MAINTENANCE AND REPAIR. The user shall maintain, at the Users cost, the equipment in good repair and operating condition. Allowing for reasonable wear and tear. Such costs shall include labor, materials, parts, and similar items.
RISK OF LOSS OR DAMAGE. The User assumes all risks of loss or damage to the equipment for any café and agrees to return it to SETRAC in the condition received, with exception of normal wear and tear, unless otherwise provided in this agreement.
INDEMNITY OF USER FOR LOSS OR DAMAGES. Unless otherwise provided in this agreement, if the equipment is damaged or lost, SETRAC shall have the option of requiring the User to repair the equipment to a state of good working order or replace the equipment with like equipment in good repair, which equipment shall become the property of SETRAC and subject to this agreement.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers, responders or other persons caused by operating, handling, or transporting equipment during this agreement is the obligation of the User, and the User shall indemnify and hold SETRAC harmless from and against all liability. User shall maintain liability insurance.
ASSIGNMENT. The User shall not assign or sublet any interest in this agreement of the equipment to be used by anyone other than the User or User’s employees, without the prior written consent of SETRAC.
GOVERNING LAW. This agreement shall be construed in accordance with the laws of the State of Texas.
SEVERABILITY. If any portion of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute of is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of American Arbitration Association. The arbitrators award will be final, and judgment may be entered upon it by any court having proper jurisdiction.