Village Theatre 1/19/2017 - Laserfiche WebLink

0/re EQUIPMENT TRANSFER, RELEASE AND INDEMNITY AGREEMENT This Agreement is dated for reference purposes January 19, 2017 and is between the CITY OF EVERETT (the "City") and Village Theater (the "New Owne►"). Everett and New Owner agree as follows: A. The City hereby transfers to the New Owner all of the City's right, title and interest in the following equipment (the "Equipment"): Year: 1993 Make: Ivy Hi Lift Model: PL124 VIN (if applicable): N/A B. No later than February 28, 2017 , New Owner shall pay the City Five Dollars and No Cents, $5.00 for the Equipment. C. Everett transfers the Equipment to the New Owner AS IS, WHERE IS, and WITH ALL FAULTS. D. Everett expressly disclaims and makes NO EXPRESS WARRANTIES, NO IMPLIED WARRANTIES and NO GUARANTEES of any kind whatsoever regarding the Equipment. E. Everett makes no representations whatsoever that the Equipment is safe or that the Equipment functions properly or that the Equipment is in any particular condition. The New Owner is 100% RESPONSIBLE for determining the condition of the Equipment and for determining whether the Equipment is safe and suitable for any use by the New Owner. F. The New Owner WAIVES AND RELEASES Everett from any and all claims, known or unknown, foreseen or unforeseen, that the New Owner now has or that may subsequently accrue to the New Owner, arising out of or relating to the Equipment, including without limitation all claims relating to personal injuries caused by the Equipment, Equipment condition, past or future Equipment accidents, Equipment mechanical failure or Equipment need for repair. G. The New Owner shall INDEMNIFY AND DEFEND AND HOLD HARMLESS Everett from and against any and all claims arising from or relating to the use of Equipment by New Owner or New Owner's employees, agents, contractors or volunteers, including without limitation all claims relating to personal injuries caused by the Equipment, Equipment 1