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TYR Non Re-Sale Merchandise Agreement This one-time Non-Resale of Merchandise Use Agreement governs the terms and conditions by which Lee County Parks and Recreation can accept free TYR Game Day product from TYR Sport,Inc. Lee County Parks and Recreation agrees to be bound by the terms of this Non-Resale of Merchandise Agreement, which are incorporated herein and made a part hereof by reference. Whereas TYR Sport has licensed inventory of TYR Game Day product as described in Pt.1 below that it wishes to give away at no charge to Lee County Parks and Recreation and Lee County Parks and Recreation wishes to accept TYR Game Day product,the parties agree as follows; 1) This agreement applies to the following promotional TYR Game Day licensed product; a. TYR's Game Day NCAA school licensed goggles(style prefix:Swimple/LGSW and Special OPS/LGSPL)and/or licensed Swim Caps(style prefix Silicone Cap/LCS)that bear a NCAA member institution school's name and/or logo. 2) By accepting TYR Game Day product,Lee County Parks and Recreation acknowledges and agrees that; a. Under no circumstance shall any Game Day Licensed merchandise being provided by TYR to Lee County Parks and Recreation be sold,re-sold or offered for sale to any party. b. All Game Day product goggle and swim cap styles accepted by Lee County Parks and Recreation must be given away or used promotionally. c. Lee County Parks and Recreation agrees to pay any freight or shipping costs associated with receiving TYR Game Day goggle or swim cap product from TYR. d. Lee County Parks and Recreation shall provide TYR with shipping method and shipping instructions and shall make appropriate delivery or pick-up arrangements with TYR within 14 days from placement of order. e. In ordering product, Lee County Parks and Recreation acknowledges that it has the authority to order,transport,and store ordered merchandise. f. There shall be no returns to TYR or any of its re-sellers for any TYR Game Day merchandise provided at no charge regardless of reason. g. TYR,nor any of its affiliates or re-sellers,will be responsible for any returns or defective merchandise. h. Lee County Parks and Recreation accepts merchandise in condition received. i. This is a one-time only agreement and any additional TYR Game Day product being provided Lee County Parks and Recreation represents to TYR that it has the full and unencumbered right,power and authority to enter into this Non-Resale of Merchandise Use Agreement. The person(s)signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Date: I IL-I CI (//. 7i,1 l/� (/1 l Lee County Parks and Recreation,Representative Cindy Castle Date: � �l/lQ/Q 4OP ,�i ounty M ager, Rep, tentative John Crumpton Date: I(/I-3/1q .414744LA1-144-pial-c-- Chair Lee County Commissioners,Representative Amy M.Dalrymple