Laserfiche WebLink
1 <br /> <br /> <br /> <br />EQUIPMENT TRANSFER AGREEMENT <br /> <br /> <br />1. BASIC PROVISIONS. The following definitions and provisions apply: <br />New Owner <br />Fleet EForce, Inc. <br />4041 Bruin Boulevard, Suite 3 <br />Frederick, CO 80504 <br />support@fleeteforce.com <br />Equipment Proterra parts <br />Payment $10,096.87 <br />2. TRANSFER. Effective as of date of last signature below, City of Everett (Everett) <br />hereby (A) transfers the Equipment to New Owner, (B) assigns all assignable warranties held by <br />Everett associated with the Equipment to New Owner, and (C) warrants to New Owner that <br />Everett owns the Equipment free and clear of all monetary liens and encumbrances. <br />3. PAYMENT. In exchange for the Equipment, the New Owner agrees to pay Everett <br />the amount stated in the Basic Provisions above. <br />4. NO WARRANTY. Except for the title warranty in Section 2.C above, Everett <br />expressly disclaims and makes NO EXPRESS WARRANTIES, NO IMPLIED WARRANTIES and NO <br />GUARANTEES of any kind whatsoever regarding the Equipment. Everett makes no <br />representations whatsoever that the Equipment is safe or that the Equipment functions properly, <br />or that the Equipment is in any particular condition. The New Owner is 100% RESPONSIBLE for <br />determining the condition of the Equipment and for determining whether the Equipment is safe <br />and suitable for any use by the New Owner. <br />5. WAIVER AND RELEASE. The New Owner WAIVES AND RELEASES Everett from any <br />and all claims, known or unknown, foreseen or unforeseen, that the New Owner now has or that <br />may subsequently accrue to the New Owner, arising out of or relating to the Equipment, including <br />without limitation all claims relating to personal injuries caused by the Equipment, Equipment <br />condition, Equipment accidents, Equipment mechanical failure or Equipment need for repair. <br />6. INDEMNITY. The New Owner shall INDEMNIFY AND DEFEND AND HOLD <br />HARMLESS Everett from and against any and all claims arising from or relating to the use of <br />Equipment by New Owner, including without limitation all claims relating to personal injuries <br />caused by the Equipment, Equipment condition, Equipment accidents, Equipment mechanical <br />failure or Equipment need for repair. Solely and expressly for the purpose of its duties to