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<br />1 <br /> <br />EQUIPMENT TRANSFER, RELEASE AND INDEMNITY AGREEMENT <br /> <br /> This Agreement is dated for reference purposes of transferring ownership of equipment <br />and is between the CITY OF EVERETT (the “City”) and Snohomish County Fire District #17 (the <br />“New Owner”). City and New Owner agree as follows: <br /> <br />A. The City hereby transfers to the New Owner all of the City’s rights, titles, and <br />interests in the following equipment (the “Equipment”): Two (2) Vendnovation IQ640 vending <br />machines and associated equipment. <br /> <br />B. In exchange for the Equipment, the New Owner agrees to pay the City $3,000.00. <br /> <br />C. The City transfers the Equipment to the New Owner AS IS, WHERE IS, and WITH <br />ALL FAULTS. <br /> <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 /> <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 /> <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 /> <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 /> <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. AdobeSign signatures are fully <br />binding. <br />