Laserfiche WebLink
1 <br />EQUIPMENT TRANSFER, RELEASE AND INDEMNITY AGREEMENT <br />This Agreement is dated for reference purposes of transferring ownership of equipment <br />and is between the CITY OF EVERETT (the “City”) and North County Regional Fire Authority (the <br />“New Owner”). City and New Owner agree as follows: <br />A.The City hereby transfers to the New Owner all of the City’s right, title and <br />interest in the following equipment (the “Equipment”): [Asset Tag #OT00167, Bauer Breathing <br />Air Compressor UNII25-H, BAC-5 and Asset tag #BC11255, Bauer Filling Station, BAC-5]. <br />B.In exchange for the Equipment, the New Owner is crediting $1750.00 in service <br />credit, which will be deducted from future invoices for service. <br />C.The City transfers the Equipment to the New Owner AS IS, WHERE IS, and WITH <br />ALL FAULTS. <br />D.The City expressly disclaims and makes NO EXPRESS WARRANTIES, NO IMPLIED <br />WARRANTIES and NO GUARANTEES of any kind whatsoever regarding the Equipment. <br />E.The City makes no representations whatsoever that the Equipment is safe or that <br />the Equipment functions properly or that the Equipment is in any particular condition. The <br />New Owner is 100% RESPONSIBLE for determining the condition of the Equipment and for <br />determining whether the Equipment is safe and suitable for any use by the New Owner. <br />F.The New Owner WAIVES AND RELEASES City from any and all claims, known or <br />unknown, foreseen or unforeseen, that the New Owner now has or that may subsequently <br />accrue to the New Owner, arising out of or relating to the Equipment, including without <br />limitation all claims relating to personal injuries caused by the Equipment, Equipment <br />condition, past or future Equipment accidents, Equipment mechanical failure or Equipment <br />need for repair. <br />G.The New Owner shall INDEMNIFY AND DEFEND AND HOLD HARMLESS the City <br />from and against any and all claims arising from or relating to the use of Equipment by New <br />Owner or New Owner’s employees, agents, contractors or volunteers, including without <br />limitation all claims relating to personal injuries caused by the Equipment, Equipment <br />condition, past or future Equipment accidents, Equipment mechanical failure or Equipment <br />need for repair. <br />H.This Agreement is the complete agreement of the parties regarding the <br />Equipment and supersedes all other agreements, oral and written. No amendment of this <br />Agreement is effective unless in writing and signed by the Mayor of the City of Everett and an <br />authorized representative of New Owner. Exclusive venue for any lawsuit arising from or <br />relating to this Agreement is Snohomish County Superior Court.