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HomeMy WebLinkAbout2015-147 Concessionaire License - Lithia Artisans Market 2015 Calle Guanajuato Narketplace Artisan's Concessionaire License This ARTISAN LICENSE (also referred to herein as "License") is made and entered into this il~l__ day of 2015, by and between the City of Ashland, a municipal corporation of the State of Oregon, by and through the Ashland Parks and Recreation Commission, (hereinafter collectively referred to as "City"), and Lithia Artisans Market of Ashland (hereinafter referred to as "Concessionaire"). 1. SCOPE OF GRANT: Concessionaire has license to operate and maintain an outdoor marketplace within the described Concession Area Exhibit A. a. This license gives no estate or interest in the Concession Area, is revocable and not assignable. b. This license does not otherwise waive, modify or grant compliance with federal, state, or I%cal laws applicable to the Concessionaire or its business. c. The City retains al' rights to use and maintain the Concession Area"for those purposes which it holds the property without unreasonably interfering with the license grantee to concessionaire. 2. TERM / EFFECTIVENESS: The term of this License shall commence upon approval and execution by both City and Concessionaire and shall terminate on November 15, 2015, unless terminated early as provided for herein. 3. DURATION / MINIMUM INTERVAL OF USE: The duration and scope of the revocable License and Concession granted by this License is for one season, beginning Marche, 201 and ending November _b 2015. a. Concessionaire is permitted to prepare, operate, and shall terminate Concession Area -or outdoor marketplace operation between the period beginning Sunday March 15, 2015 at 11 A.M. and ending Sunday November 15, 2015 at 5:00 P.M. The Market can only operate on Saturdays from 10am- 6pm and Sundays rom 11am-5pm. The market can operate on the 4th of July Holiday, regardless of which day it falls upon. 4. PAYMENT OF LICENSE FEES AND REIMBURSABLE EXPENSES: a. Concessionaire sl-all pay a license fee based upon the square footage of the Concession Area. The square footage awarded shall be determined each year by written order :f the Parks Director and shall be set forth precisely in Exhibit A. i. The square footage flat fee shall be $5.00 per square foot for the Lithia Artisans Market, for the 2015 concession year. ii. Any paymerts for fees, taxes or assessments required or in arrears or disputed must be made by Concessionaire before any new license will be authoriz(:d for the Concessionaire. b. The Concessionaire will reimburse the city for all actual utility and service costs the city provides, including electric power, water, sewer, garbage and cleaning services as applicable. 5. USE OF PREMISES AND CONCESSION OPERATION LIMITS: a. Concessionaire v ill operate the Marketplace independently of the established Plaza '1erchant businesses. i. Concessionaire will assure that all market vendors and their agents limit their merchandise sales to handcrafted and personally created items. ii. Concessionaires will further assure that all market vendors, their agents, anJ/or their guests and customers do not act, in any manner, to: 1. Damage, conflict or interfere with Plaza Merchant businesses, including operations during permitted access and normal busi ess functions. 2. Sell mass produced items by virtue of this concession. 3. Serve any type of prepared or packaged food or edible and/or beverage within the Concession Area. b. Compliance with Law. Comply with all federal, state and local laws, rules, 2015 Calle Guanajuato Marketplace Artisan's Concessionaire License 1 and regulations applicable to public health and safety and licensing related to food and food handling and doing business in the State and City of Ashland; i. Concessionaire is responsible for obtaining a business license in accordance with AMC Chapter 6.0z'!. If Concessionaire does not pay for a license, for any reason whatsoever, then each vendor shall be required to obtain an incividual business license. See, AMC 6.04.085. ii. Any permit or authorization granter by the City, shall not in any way be interpreted as a waiver, moc'ification, or grant of any other city, state, county or federal agency permits or authorizations or permission to violate any city, state, county or federal law or regulation. iii. Failure to comply with any provision of this section is grounds for immediately revoking Concessionaire's license. The City reserves the right to seek penalties for Concessionaire's or vendors' violations of law including enfo;-cement of its own Ashland Municipal Code. c. Maintenance and Safety. Maintain a;l the grounds, improvements, facilities, assets equipment and fixtures contained within the Concession Area in good repair and in safe, sanitary, clean, and attractive condition that is approved acceptable by the City, such approval not to be unreasonably withheld. d. Temporary Structures. Except for placement of temporary structures authorized below, this Agreement does no authorize or permit physical improvements or alterations to City properly or installation of structures or fixtures within the Concession Area without the express written authorization of the City Parks Director anc the Community Development Director. e. Concessionaire may allow each market vendor to construct a temporary structure in accordance with size and safety specifications as found in the Calle Guanajuato Vendor Information Handbook. i. All booths shall be kept neat with tables covered and boxes out of sight. ii. Concessionaire shall pack out all garoage and keep the Concession Area in a clean and neat order during the Marketplace hours of operation 1. Refuse will be collected as soon as possible consistent with normal operations of the sanitary service, and each day within two (2) hours after the `larketplace closure. 2. The Marketplace shall not use trash receptacles which belong to or are paid for by Plaza business establishments. iii. Concessionaire will promptly remove and/or correct any structure, fixture, or condition in violation of this License upon the reasonable request by the City. 6. FIRE AND LIFE SAFETY. Concessionaire shall comply with any and all fire and life safety guidelines, recommendations and requiremer:ts issued by the City of Ashland Fire Marshal, including, but not limited to: a. Maintain all required fire and emergency access areas; b. Ensure that permitted equipment shall not encroach upon or obstruct public walkways or open space areas while maintaining a clear eight (8) foot pathway for emergency vehicles as approved by the City of Ashland Fire Marshal; 2015 Calle Guanajuato Marketplace Artisan's Concessionaire License 2 c. Maintain a clear, , nobstructed space around any fire hydrant as required for fire safety; d. Have available an( shall maintain such fire extinguishers as determined by the Fire Marshal; e. Advise patrons an,. shall strictly abide by the Park prohibition on smoking. Smoking is not pe mitted on the Concession Area under any circumstances; and f. No use any bott.ed gas, electrical devices, or hazardous materials or hazardous substan--es without prior approval by the Ashland Parks Director. [For purposes of t pis License "Hazardous Substance" or "Hazardous Material" means any hazardous, toxic, infectious, or radioactive substance, waste, or material as defined or listed by any local, state or federal environmental law.] 7. VEHICULAR ACCESS. k s otherwise provided herein, Concessionaire shall strictly comply with vehicular a -cess to the Calle Guanajuato as is permitted by AMC 10.68.400. a. City, at its sole discretion, will issue revocable access permits to Concessionaire ac :ording to limited purposes and for limited times to facilitate set up, t-eke down, and removal of structures, equipment, supplies, waste, and other Paterials authorized by this License. b. Vehicles will exclu-;ively ingress and egress from Winburn Way, and will not enter or exit from the plaza end of Calle Guanajuato; nor will they extend beyond the area designated for the Concession. c. At no time will tl e Concessionaire interfere with the eight (8) foot path required for emerg ~ncy vehicles. d. The Concessiona. -e shall ensure that appropriate pedestrian safety precautions are m~ lntained while vehicles using the access permits are in the vicinity. e. Concessionaire shall procure and maintain insurance in accordance with the requirements of Ex iibit C in full force and effect throughout the term of this 8. INSURANCE: Concessic faire shall, at its sole cost and obligation, procure and maintain insurance in accordance with the requirements of Exhibit C in full force and effect throughout the tern of this License. Concessionaire shall provide the City with copies of said insu ante certificates and shall name the City of Ashland as additional insureds. 9. INDEMNITY AND HOLE HARMLESS: Concessionaire will defend, indemnify and hold City and/or Parks C mmission, their officers, employees and agents harmless from any and all losses, -Iaims, actions, costs, expenses, judgments, subrogations, or other damages resultir g from injury to any person (including injury resulting in death,) or damage (incluc ing loss or destruction) to property, of whatsoever nature arising out of or incident ;o this license or the activities that take place on licensed property. Concessionaire waives the right of subrogation regarding the insurance policy as described in the Insurance Section in this License. Concessionaire will not be held responsible for damages caused by negligence of City and/or the Parks Commission. a. The obligation to ! idemnify is expressly understood to survive termination of this License for any reason, and includes reasonable attorneys' fees, including attorney fees on appeal, and investigation costs and all other reasonable costs, expenses and liabilities incurred by City or its attorney from the first notice tha- any claim or demand is to be made or may be made. 10. TERMINATION: Notwith_--tanding any other provision herein, the City may terminate this license, in whole or i part, at any time for any reason considered by the City, in the exercise of its soli discretion, to reasonably be in the public interest. The City will provide the C ncessionaire seven (7) days prior written notice of a termination for public con lenience. a. Concessionaire's remedy to contest termination of the license by City is provided in AMC 2.30, Uniform Administrative Appeals Process. b. Notwithstanding a y other provision herein, City may order vacation of the Concession Area 'r immediately remove the Concessionaire or any other 2015 Calle Guanajuato Marketp`ace Artisan's Concessionaire License 3 person who may be occupying the Concessic i Area without resort of a Court Order sanctioning such action. c. Upon failure to vacate, City is expressly authorized to remove all Concessionaire property from the Concession Area at the Concessionaire's expense. i. City will reasonably maintain the property of the Concessionaire for at least 30 days and shall leave it reasonably available for Concessionaire to take possession. City may dispose of any property that remains unclaimed after 30 days. The City r-ay use reasonable discretion to immediately dispose of non-durable cr solid waste, including but not limited to food and other putrescible \;aste. 11. SURRENDER: Upon the expiration of the origina term or terms, as extended by the parties, Concessionaire shall surrender to the City the Concession Area in as good or better condition and order as was originall, received, except as allowed for within the typical wear and tear. 12. DISPUTE RESOLUTION AND ATTORNEY FEES The preferred method of resolving disputes between the parties under this Li _ense shall be first by mediation. Mediation shall be conducted by a mediator chos_,n by mutual agreement of the parties; if there is no agreement, the mediator stall be appointed by the elected Municipal Court Judge or Judge pro tem. a. Any mutually incurred cost from the provisic ; of these services, except costs associated with building a case including bu : not limited to attorney fees or fees for expert witnesses, shall be shared eq_,ally between the two parties. b. In any administrative appeal or litigation between the parties arising out of this license, the prevailing party shall reco\ er its reasonable attorneys fees incurred at trial and upon appeal. °Att:)rneys fees" shall include the reasonable value of the services of in-house .ounsel. 13. MISCELLANEOUS PROVISIONS. a. Notice. Any notice affecting the rights of th parties under this License shall be delivered in writing either in person or --o the following parties by first class mail: City: Director, Michael A. Black Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, Oregon 97520 (Telephone 541-488-5340; FAX 541-488-5314) Copy to: City Administrator, Dave Kanne.- City of Ashland 20 East Main Street Ashland, Oregon 97520 (Telephone: 541-552-2100; Fa: 541-488-5311) Concessionaire: Name: Lithia Artisans M ~rket of Ashland Attn to: Address: Phone Number: b. Governing Law.This License, and all matters relating to this License, shall be governed by the laws of the State of Oregon in force at the time any need for interpretation of this License or any decision or holding concerning this License arises. The parties to this License do not intend to confer on any third party any rights under this License. c. Severability. If any provision of this -icense is held by a court of competent jurisdiction to be either, inval'd, void, or unenforceable, the remaining provisions of this License shall remain in full force and effect. d. Merger. THIS LICENSE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY A1 ,D ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND I` AY NOT BE AMENDED, CHANGED 2015 Calle Guanajuato Marketplace Artisan's Concessiona re License 4 OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. DATED this day of M.. ~2015 -3 Licensee / Concessionaire: Licensor/City of Ashland, Oregon: Parks and Recreation Commission Q Printed Name: Michael A. Black, Director Ashland Parks and Recreation Date:-.,, 1~ - Date : ---1------- 7 Dave ~Kanner, City Administrator Approved as to form: Da ohman, City Attorney 2015 Calle Guanajuato Marketplace Artisan's Concessionaire License 5 Exhibit A- Concession Area See attached picture and highlight entire area of i,,- terest. 2015 Calle Guanajuato Marketplace Artisan's Concessiona re License 6 EXhibit B "roposal Documents Ashlar _ Parks &Recreation Department REQUEST FOR ARTISAN ARKEI° SPACE-CALLS GUANA_J'UATO `15 A ~Q-f."~.`.-v ~~g '1 ~VisJ -J' ~~r•~.,y" "~'+/Qe NAME OF yRST*b4R*1PiT T -<3a U.,~r 3,"%WK PHONE ~`-1, MESSAGE PHONES=_ rr _ EMAIL ADDRESS r : A NAME OF AUTHORIZED REPRE_ -TENTATIVE, -r A WHAT IS THE BEST WAY TO C`.'NTACT YOU? *(Cfrcm one emailf phone i cl~- MAILING ADDRESS -;ATE CITY ZIP s a- TOTAL NUMBER OF SQUARE F----ET REQUESTED? per square foot) Date _I Q Signatu(e (owner or representat`rri e) Total Square Footage x $ J, k Date Paid The following items must be c )twined before license can be issued: • Business License Number: • Copy of Insurance Certiflc- e naming City of Ashland as additional insureds 2015 Calle Guanajuato Marketp "Ace Artisan's Concessionaire License 7 e Exhibit B Proposal Documents Ashlar J Parks & Recreation Department REQUEST FOR ARTISAN JARKET SPACE-CALLE GUANAJUATO NAME OF RESTAURANT WK PHONE MESSAGE PHONE EMAIL ADDRESS NAME OF AUTHORIZED REPRESENTATIVE WHAT IS THE BEST WAY TO C`'-)NTACT YOU? *(arc%one) email/phone MAILING ADDRESS CITY TATE ZIP TOTAL NUMBER OF SQUARE FEET REQUESTED? per square foot) Date Signature (owner or representative) Total Square Footage x $ Date Paid The following items must be o'-)tained before license can be issued: • Business License Number:. it • Copy of Insurance Certifc :e naming City of Ashland as additional insureds 2015 Calle Guanajuato Marketp:ace Artisan's Concessionaire License 7 Exhibit C Insurance Requiremen`:s The Concessionaire, at its sole cost and expense, commencing on the effec_;ve date of this License, shall procure and maintain insurance acceptable to the City in full force and effect throughou the term of this License. It is agreed that any insurance maintained by City shall apply in excess of, and not cont-ibute with, insurance provided by Concessionaire. Concessionaire's Insurance shall be primary and non-contt" utory and have a cross-liability clause. During the term of this contract, Concessionaire shall maintain in full force, -iII the insurance coverage noted below with the City named as additionally insured: 1. Comprehensive General Liability insurance, with a general ag regate limit of not less than $2,000,000 and $2,000,000 per occurrence. Each policy shall contain a blank<_ contractual liability endorsement to cover the Concessionaire's indemnification and other obligations u -.der this License as well as owners' and contractors' protective insurance, products and completed operatic -is coverage, fire damage, personal and advertising injury coverage. It shall also include, if appropriate fo: the contract, coverage for Concession Area operations, explosion and collapse hazard, underground hazy -d, products, completed operations, contractual insurance, and independent contractors. 2. Comprehensive Automobile Liability insurance, with a genera aggregate limit of not less than $2,000,000 and $2,000,000 per occurrence, including coverage fo owned, hired or non-owned vehicles. 3 Notice of cancellation or change. There shall be no cancellati,n, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days wr yen notice from the Concessionaire or its insurer(s) to the City. 4. Certificates of insurance. As evidence of the insurance covera e's required by this contract, the Concessionaire shall furnish acceptable insurance certificates to Ci % at the time Concessionaire returns signed contracts. For general liability insurance and automobile kc Aity insurance the certificate will provide that the City, Parks Commission, its officers, employees and agent-; are Additional Insureds. The certificate will include the 30-day cancellation clause, and will include the decuctible or retention level. Insuring companies or entities are subject to City acceptance. If requestec complete copies of insurance policies shall be provided to the City. The Concessionaire shall be financier y responsible for all pertinent deductibles, self-insured retention's, and/or self-insurance. Certif --ates of Insurance shall be forwarded to: (Ashland Parks and Recreation 340 S. Pioneer St., Ashland OR 97520). 5. Workers Compensation insurance in compliance with Oregon S:atutes, [ORS 656.017] which requires subject employers to provide Oregon workers' compensation cove-age for all their subject workers. (Required of Concessionaires with one or more employees, unless exempt under ORS 656.027). ) Only if Concessionaire does not employ workers subject to ORS Chapter ED-6, Concessionaire shall sign the following affidavit: EXEMPTION AFFIDAVIT Concessionaire declares, under penalty of perjury and false swear; g, that Concessionaire does not currently employ, and will not employ any individuals for work under this cc tract during the term this License is in force. Date: Concessionaire 2015 Calle Guanajuato Marketplace Artisan's Concessionaire License 8 2015 Calle Guanajuato Marketp'ace Artisan's Concessionaire License 9 CERTIF -.ATE OF LIABILITY INS__ RANGE DATE(MMFDD/ 08/28/20,4 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA-VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES :OT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONA' INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies rray require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT KELLI S HENSLEY NAME: POWELL INSURANCE ASSOCIATES INC PHONE 541-747-6080 FAX N o, Ext : 541-747-6640 PO BOX P E-MAIL ADDRESS:e Ni@poweliinsurance.biz (A/C, No): SPRINGFIELD OR 97477 INSURER(S) AFFORDING COVERAGE NAIC # FIRST NATIONAL INSURANCE CO OF AMERICA' INSURER A INSURED INSURER B : LITHIA ARTISANS MARKET, INC. INSURER C INCLUDING VENDORS INSURER D PO BOX 3585 INSURER E : _ ASHLAND OR 97520 INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L: -TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEW.. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INS/ DANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS S-!OWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - iADDL SUBR. ~ MMPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE N V i POLICY NUMBER IDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I DAMAGE i0 RENTED I COMMERCIAL GENERAL UA6;LITY PREMISES (Ea occurteoce) I $ 1 ,000,000 CLAIMS-MADE X j OCCUR ' j j MED EXP (Any one person) $ 10,000 A Y ' j 01-CH-`33884-7 10/14/2014 10/1412015 I PERSONAL& ADV INJURY I $ 000,000 i j GENERAL AGGREGATE 15 2,000,000 GEN' LIMITAPPLIESPER. ! PRODUCTS COMPIOPAGG 5 2,000,000 F AGGREGATE PRO- X (T LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT ANY AUTO' BODILY INJURY (Per person) $ ALL OWNED' SCHEDULED ' I I BODILY INJURY (Per accident) $ AUOT.,gWNFD I I PROYERIY DAMAGE $ - - HIRED AUTOS C - (Perarcident) UMBRELLA LIAR -...JOCCUR 7 EACH OCCURRENCE $ AGGREGATE EXCESS LIARETENTION $I C-RMS-MADE DED WORKERS COMPENSATION Y / N WC STATU- OTH i AND EMPLOYERS' LIABILITY : 1_, TORY LIMITS ER ANY PROPRIETORIPARTNERtEXECUTIVE E.L. EACH ACCIDENT $ i OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ j ~ I_ - _ %IfYes. describeunder DESCRIPTION OF OPERATIONS briow E.L. DISEASE -POLICY LIMIT $ I I li I I ! ; DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 10'.. Additional Remarks Schedule, if more space is required) CITY OF ASHLAND IS LISTED AS AN ADDITIONAL INSURE PER ATTACHED FORM CG 76 35 (02 07). FAX: 541-488-5311 j CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E MAIN ST ACCORDANCE WITH THE POLICY PROVISIONS. j ASHLAND OR 97520 AUTHORIZED REPRESENTATIVE KELL! S HENSLEY ACORD 25 (2010105) 1988-2616 ACO CORPORATION. rights reserved. The ACORD m me and logo are registered marks of ACORD U i~Pi'tV t OMMERCIAL GENERAL LIABILITY itilorkh4vcst. CG 76 35 02 07 .e:fm.K td.s`.4iw1 :ro.q. THIS ENDORSEMENT CHANGES THE POLICY. PLEAS a READ IT CAREFULLY. LIABILITY PLUS ENDORSEME T This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED - BY WRITTEN lez se or occupy, subject to the following i. CONTRACT, AGREEMENT OR PERMIT, OR ac-Jitional provisions: SCHEDULE (a; This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section li): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Yc ar ongoing operations for that in- cuted prior to the "bodily injury", "property si ed, whether the work is performed damage", or "personal and advertising lot you or for you; injury" (3) T` ~ maintenance, operation or use by b. The person or organization added as an in- yc of equipment leased to you by such sured by this endorsement is an insured only pF son or organization, subject to the to the extent you are held liable due to: fo owing additional provisions: (1) The ownership, maintenance or use of (a This insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; w_ Includes Copyrighted Material of Insurance Services Officc Inc., with its permission. Copyright, Insurance Services, 20C 1 CG 73 35 02 07 Page 1 of 4 EP C-AG-23-P R I N T001-1597.0018-5