Loading...
CONTRACT 7144 One Page Service AgreementAgreement No. 7144 Services Agreement CONTRACTOR: Geo Event DATE: 11/25/2024 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 20 10 11 85 or equivalent. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work. ® Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® $1,000,000 per occurrence. ❑ $100,000 - 300 000 per occurrence.. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Cone ensation Insurance: as required by State Statutes with Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to the City). ❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions, ❑ Coov of gelid i tt�re I.D. (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by lcomplete afI blankst: COLOR COPY REQUIRED BACK TO THE CITY Company Name: GeoEvent, LLC By (Print name & title): DAVIT CHANGOSHVILI Company Street Address: Vendor's Authorized Signature required: 7309 Atoll Ave, U� City, State, Zip: Date signed: v North Hollywood, CA 91605 11/25/24 Phone: FAX: 818-478-2009 ...... ....._ Vendor's Email address �_.........-.�. ..........� Vendor's Web site: www.geoevent.net Geoen dPrrimail.s Originator/Department Contact: Shawn Green Date initiated: Draft Geo Event LLC Service Agreement 2024 Rev 4/4/24 Agreement No. 7144 1.GENERALLY. The materials, supplies, or services (collectively, "Purchase") covered by this services agreement and purchase order ("order") must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order. 2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller's performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases, Notwithstanding City's acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud. &CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City's written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed. 4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller's default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City. 5.TERM / TIME EXTENSION. This Agreement's term will be from 11/7/2024 to 12/31/2024 City may extend the time for completion if, in City's sole determination, Seller was delayed because of causes beyond Seller's control and without Seller's fault or negligence. In the event delay was caused by City, Seller's sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit. 6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not exclusive and are in addition to any legal rights and remedies. 7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual inspection and Citv's opportunity to reject. Draft Geo Event LLC Service Agreement 2024 &PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored. 9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City's request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section 'City" includes City's officers, elected officials,, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification. 10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City. 11.AS'SIGNMENT, City may assign this order. Except as to any payment due under this order„ Seller may not assign or subcontract the order without City's written approval Should Citygive consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller's agent. 12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this Services Agreement. 13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order. 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the; right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only. 15.WAIVER. City's review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller's performance, A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character. 16.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 17. ARTIFICIAL INTELLIGENCE.. Seller must not utilize, employ, or incorporate any form artificial intelligence, machine learning, or other similar technologies (collectively, "AI") in the proy(sAon oosso�nal Agreement No. 7144 services in this Agreement without City'oexpress written consent. The At prohibition set forth directly above will not apply to general business tools and software that mahave Al components but are not directly involved in the execution or delivery of professional oomi000 that this Agreement uovers, provided that such tools and moMmumm do not mU@nifioamdy impact the qmmRy or nature of such mmmiwmm, 8m|le, must promptly oed4 City, in writing, of any proposal to employ Al N connection its p*mVimion of services to the City under this Agreement. City will have the sole discretion togrant ordeny such proposal. 18. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In 0000rdunoo with Government Code §16.5. the parties agree that this Amendment will be considered signed when the signature ufa party is delivered byelectronic transmission. Such electronic signature will bo treated inall respects aahaving the same effect ooanoriginal signature. Seller warrants that its signatory (or signatories, uoapplicable) to this Agreement has the legal authority to enter this Agreement and bind Licensor accordingly. 18.CONS|8TENCY. |ninterpreting this Agreement and resolving any ambiguities, this Agreement takes precedence over any attached exhibit with conflicting provisions. 20. CONSIDERATION. As consideration, City agrees to pay Seller for Seller's services not toexceed atotal of$1.77S.0Ofor the work. City will pay for work an specified in the attached Exhibit ^A.^ which is incorporated bymfemnoo.. 21. EXHIBITS. [IDENTIFY AND LIST EXHIBITS] BxhibitA—Scope of Services Exhibit 8'Rate Draft nonEvent LLoService Agreement eoc4 Agreement No. 7144 City of El Segundo Recreation, Parks, and Library Department 401 Sheldon Street El Segundo CA 90245 EXHIBIT "A" — SCOPE OF SERVICES GeoEvent agreed to provide services listed on Invoice #2343 City agrees to pay GeoEvent,LLC a sum of One Thousand Seven Hundred Seventy Five Dollars ($1,775.00). Draft Geo Event LLC Service Agreement 2024 Rmnt No. 7144 GeoEvent, LLC 7309 Atoll Avenue Los Angeles, California 91605 8184782009 info@geoevent.net I www.geoevent.net RECIPIENT: El Segundo Parks & Rec 350 Main Street El Segundo, California 90245 Phone: 310-524-2707 Official Invoice for El Segundo Parks and Rec 12/5/24 �� ��IIIII III ,„� i//h /a/sm) Issued Nov 07, 2024 Due Nov 07, 2024 /�r��%�,,./J/rr//���//���/✓��ii��i%r,,,/��%%iria/�iDrl f��;rr/%%�°P Account Balance $1,775.00 ✓qe r r n,,'r,;,, ,,o ,; ,.„l,./h.,.,p,,iy",,H , ,/,�//wr , ,�.�%// „,``;r �, l;.; ,ec rv�,,,",r/!/: /,,,/,rr rr/i/ // //i/, „/,,, ,r%rr,�„t/ %`/ S%,i / %,�//o/�� IMi/ % i�// y r ,. . r l.,I,)tlii c 05, 202 16'x20' Stage w/ Backdrop - 2' Installation / Strike Delivery / Pickup Terms: Adjustable Legs - 2' Risers Pipe & Drape w/ Heavy Base Black Fire -Resistant Skirt Install at 12pm 12/5/24 12/5/24 - Transportation 11:30am-12pm Same day pickup 8pm By signing this document you acknowledge you have read and agree to the Terms and Conditions located on page two of this agreement. GENERAL TERMS & CONDITIONS I Total $1,175.00 $1,175.00 $350.00 $350.00 $250.00 $250.00 Account balance $1,775.00 $1,775.00 Page 1 of 5 Agreement No. 7144 GeoEvent, LLC )ii A° 7309 Atoll Avenue Los Angeles, California 91605 8184782009 info@geoevent.net I www.geoevent.net Notes Continued... 1. DEFINITIONS 1.1, COMPANY - GEOEVENT LLC; 1.2. RENTER/CUSTOMER - An individual, or legal entity renting the equipment from GEOEVENT LLC; 1.3. EQUIPMENT - particular rented equipment further agreed, and specified for each and every transaction per final invoice; 1.4. RENT - any agreement where COMPANY agrees to rent the Equipment to the RENTER/CUSTOMER, in accordance to the present General Terms & Conditions, and COMPANY issued invoice; 1.5. TOTAL LOSS - any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment; 1 16, CASUALTY VALUE - means the total replacement value of the Equipment payable by the RENTER/CUSTOMER in case of 'Total Loss. Total replacement value shall be calculated according to the''wholesale replacement value' of each item rented. The Casualty Value may be less but not more than the original purchase price of the Equipment. 2. RENT 2.1. The COMPANY agrees to rent the Equipment to the RENTER/CUSTOMER, and the RENTER/CUSTOMER agrees to rent the Equipment in accordance with the terms set out in the COMPANY's General Terms & Conditions, and any additional verbal/written agreements: 2.2. The parties may agree on rental terms of(l) Pick Up - in which case the RENTERICUSTOMER has Wre responsnbihly to pick asp arid return the Equipment from the COMPANY's premises as identified on the COMPANY's websitei or (2) Delivery - in which case the COMPANY agrees to deliver the Equipment to the location agreed in writing, and pick up the equipment at the end of the rent From the sarne location; or (3) Delivery and labor - in which case the parties agree that the COMPANY will deliver, install and dismantle the Equiprrnent at the location agreed in writing by the parties; 23The RENTER/CUSTOMER acknowledges that it is hnsiherltheir responsibility to inspect all Equipment at the time of the pickup After completing the inspection, if the RENTER/CUSTOMER discovers that any of the items are damaged„ not operational, or not in good condition„ the RENTER/CUS l OMER will notify the COMPANY of such finding(s) before loading the Equipment into his/herntheir vehicle,. Once the Equipment Is in loaded into the RENTER/CUSTOMER'S vehicle, the Equipment is,deemed to he in good condition, not dannaged, and fully operational. 2.4, The RENTER/CUSTOMER acknowledges that if Is hisiher/their responsibility to inspect all Equipment at the firne of the delivery. After completing the inspection, if the RENTERr'CUSTOMER discovers that any of the iterns are damaged, not operational, or, not in good condition, the RENTER/CUSTOMER will notify the COMPANY of such finding(s) before the COMPANY's representallve(s) departure from the Delivery Address. After the COMPANY's rep-resdnlativeis) departs) the Delivery Address, the Rented Equipment is deemed to be in good condition, not damaged, and fully operational. 3. PURPOSE OF USE 3.1. The RENTER/CUSTOMER is responsible for using the Equipment in a good and careful manner, and for complying with all the manufacturer requirements, guidelines, and recommendations; 3.2. The RENTER/CUSTOMER is responsible for complying with any applicable laws, whether local, state or federal, including and not limited to environmental and copyright law, in respect of the use of the Equipment; 3.3. The RENTER/CUSTOMER shall use the Equipment for the purpose it was designed and agreed on, and in no case for any other purpose; 3.4 Unless otherwise agreed In wrwtfng RENTER/CUSTOMER shall not alter, rnodlify, attach or remover something from the Equipment, if any of this damage the functional4y, capability and/or value of the Equipment. if the RENTER/CUSTOMER alters, modifies, or upgrades the Equipment in any way, without prior written consent of the COMPANY, RENTERCCUSTOMER will be obligated to reimburse for the ao,tual costs to bring the Equipment to pre-modificationtupgrade condition, Page 2 of 5 Agreement No. 7144 GeoEvent LLC ? a� I 7309 Atoll Avenue II (t Los Angeles, California 91605 8184782009 info@geoevent.net I www.geoevent.net Notes Continued... 3.5. The RENTER/CUSTOMER shall not loan, sublet or assign the Equipment to third parties. 3.6. The RENTER/CUSTOMER acknowledges that use of the Equipment creates some risk of personal injury to the RENTER/CUSTOMER and third parties, as well as a risk of damage to property. The RENT ERICUSTOMER expressly assumes that risk. The RENTER/CUSTOMER will indemnify and defend the COMPANY from and against any claims for injury or damages arising from the RENTER/CUSTOMER's use of the Equipment. 4. RENTAL PERIOD, RATES AND PAYMENT 4.1. The Equipment may be rented on a single day, a single week basis and for longer periods. The minimum rental period may not be less than 24 hours. Payment is calculated according to the time the item is in the RENTER/CUST'OMER's possession, whether or not it is being used. 4.2. Daily charge applies when the Equipment is picked up after 1:00 PM and returned before 1:00 PM of the next day 4.3. Weekly Charge or Monthly charges apply when the Equipment is returned before 1:00 PM of the first day following the expiration of the rental period. 4A. The Payment is due before or at the three the Equipment is checked out. The Payment is for the time specified for each and every Agreement, regardless of whether the Equipment is actually used by the RENTER/CUSTOMER. 4.5. The COMPANY accepts payments made by cash, check or major credit or debit cards. Payment amounts less than 500.00 (Five Hundred) US Dollars are only payable by cash, or check. Deposits are required. 4.6. Pricing on the website are based on the puck up rentals. Meaning, the RENTER/CUSTOMER picks up and returns the Equipment to the COMPANY"s premises at the time agreed. Additionalfees will apply for delivery and labor. 4.7. The RENTER/CUSTOMER is responsible for all venue related charges, including but not limited to rigging, power, power distribution, security, etc., if applicable. 5. RESERVATION OF EQUIPMENT 5.1. The RENTER/CUSTOMER is responsible to reserve the Equipment availability; 5.2. The Equipment is deemed reserved when the parties agree on the estimate and the deposit is paid to the COMPANY. 5.3. The COMPANY does not guarantee availability of any Equipment unless it is reserved. 6. PARKING RESERVATION 61. The RENTER/CUSTOMER is responsible to reserve a parking spot for the COMPANY when the rental includes delivery and/or labor, 6.2. The RENTER/CUSTOMER will be charged for any cost of parking and/or tickets issued to the COMPANY. 7. LATE RETURN, LOSS OR DAMAGE 7. t . The RENT ER/CUS°COMER is responsible to return the Equipment in good working order, upon agreed time-, and if not returned within twenty-four hours, without prior consent, or court order, the COMPANY may enter upon RENTER/CUSTOMER'S premises to repossess all, or part, of its equipment whenever it deems necessary. The COMPANY may inspect equipment at any tirne„ observe or remove same from any premises. 7.2. The RENTER/CUSTOMER shall not remove the equipment from the agreed location at any time without written authority from the COMPANY. 7.3. If the RENTEWCUSTOMER returns the Equipment to the COMPANY after the agreed time and date, the RENTER/CUSTOMER will pay the COMPANY' daily rental charge per day for each and every day or partial day beyond the end of the rental period until the Equipment Page 3 of 5 Agreement No. 7144 GeoEvent, LLC 7309 Atoll Avenue Los Angeles, California 91605 .. 8184782009 info@geoevent.net I www.geoevent.net Notes Continued... is returned. The COMPANY can charge this fee directly to the RENTER/CUSTOMER'S credit card on file. It the Equipment is not returned to the COMPANY within three (3) days after time agreed date, specified the COMPANY' will deem the Equipment unreturned / Total Loss„ and the RENTER/CUSTOMER will be responsible for paying the Casualty Value of the Equipment to the COMPANY, The COMPANY may charge full value of unreturned equipment directly to the RENTER/CUSTOMER'S credit card on file or use any legal'remedy available to recover the equipment/money owned. 7.4. The RENTER/CUSTOMER will be responsible for any risk of loss, theft, damage or destruction for any and every cause. 7.5. If the Equipment is Post or damaged, the REN"f`E.R/CUSTtiONIER will be charged for the continued rent payment, until the Equipment is repaired and returned to the COMPANY, if repairable. Prompt notice should be given to the COMPANY upon loss or damage to the Equipment; 7.6. In the event of Total Loss of the Equipment, the RENTER/CUSTOMER is responsible to give prompt notice to the COMPANY and shall pay the Casualty Value of the Equipment. 7.7. The COMPANY is entitled to the business interruption caused by later return, loss or damage of the Equipment. The amount payable for loss of business should be calculated according to the daily rate for each item of the Equipment rented. 7.8. In no event shall the COMPANY's acceptance of returned equipment be deemed a waiver by the COMPANY of any claims that it may have against the RENTER/CUSTOMER, including, without limitation, any claim for damage to the equipment. 8. TERMINATION OF THE AGREEMENT 8.1. The RENTER/CUSTOMER may terminate the agreement by providing a written notice to the COMPANY at least 48 hours before the check-out time reserved. No refunds will be granted to those cancelling less than 48 hours prior to the event. 8.2. The COMPANY is entitled to a non-refundable deposit of 50%, of the total value of the paymenl due in case of termination by time RENTER/CUSTOMER, and in consideration of all requests „made by COMPANY for equipment rentals from 3rd.party organizations. Upon termination by the RENTER/CUSTOMER less than 48 hours prior to the event, the COMPANY is entitled to recover full value of the rental. 8.3. The COMPANY may terminate the agreement by providing a written notice to the RENTER/CUSTOMER. 8.4. The COMPANY may terminate the agreement immediately upon the RENTER/CUSTOMER's failure to pay the amount due or any other breach of the present agreement, 9. FORCE MAJEURE Time RENTER/CUSTOMER acknowledges that the COMPANY will not be liable for any failure of or delay in the performance of the agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God (including weather), war, strikes or labor disputes„ embargoes, government orders or any other force majeure event. 10. RELEASE The RENTER/CUSTOMER voluntarily releases and holds harmless the COMPANY, Its directors, officers employees„ and agents (hereinafter"Released Parties"), from any and all liability, claims, demands, causes of action for personal injury„ property damaged property theft, or wrongful death, the RENTERICUSTOMER, his/her/ttmerr heirs, or representatives may have, arising out of or in connection with the RENTER/CUSTOMER'S use of the Equipment, no matter how such injuries or damages may occur, This release includes clairns for personal ineury or property damages caused in whole or In part by the negligence of the COMPANY„ its directors, officers employees, contractors, and agents. 11. INDEMNITY The RENTER/CUSTOMER agrees to defence and Indemnity the Released Parties from all claims, demands, causes of action, including court costs and attorney's fees, arising from any proceeding, claim, or lawsuit, arising as a result of, or in any way connected with the rental of the Page 4 of 5 Agreement No. 7144 GeoEvent, LLC 7309 Atoll Avenue Los Angeles, California 91605 8184782009 info@geoevent.net I www.geoevent.net Notes Continued... above -referenced equipment. 12. SUCCESSORS AND ASSIGNEES This agreement binds and benefits the heirs, successors, and assignees of the parties. 13, SEVERABILITY ("I E 1B\JII.I.. The RENTER/CUSTOMER and The COMPANY agree that if any portion of the General Terms & Conditions are held to be unenforceable or invalid, then said part will be struck and all remaining provisions shall remain in full force and effect. 14 MISCELLANEOUS 14.1. The Equipment is the property of the COMPANY and will remain the property of the COMPANY. 14 2. General Terms & Conditions will apply to the events, when the parties agree, that RENTER/CUSTOMER purchases the Equipment. 15. GOVERNING LAW AND JURISDICTION 15.1. Parties agree that any rental agreement, under the present General Terms & Conditions shall be governed by the Laws of the State of California and are subject to the jurisdiction of the courts of the State of California. 15.2. The RENTER/CUSTOMER agrees that any costs, claims or attorney's fees, or liability resulting from or arising out of the use of the herein described equipment, directly or indirectly, will be paid by the RENTER/CUSTOMER regardless of the claimant or claimants who institute the action; RENTER/CUSTOMER further agrees that if action be instituted to enforce any provision of this agreement he/she/they, will pay such sums as the court may fix as court and attorney's fees. Page 5 of 5