Common use of Equipment Acquisition Clause in Contracts

Equipment Acquisition. Following all pertinent state and local statutes and policies, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any of the rights or delegate any of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds of the sale shall be applied toward full repayment of the lease pursuant to the provisions of which are attached to this Agreement Exhibit B. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($37,365.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turn, SA&P/Lessee will pay the cost of the purchase of the EQUIPMENT to the Vendors in accordance with the terms of the Purchase Order. Upon making final payment under the Purchase Order, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/Lessee. Failure by vendors to perform under the Purchase Order shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in not the Vendor or a manufacturer or dealer of the EQUIPMENT and that SA&P/Lessee leases the EQUIPMENT hereunder, “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, or fitness of the EQUIPMENT shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement,

Appears in 1 contract

Samples: Grant Funds and Lease Option of Purchase Agreement

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Equipment Acquisition. Following all pertinent state Xxxxxx agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND FIVE HUNDRED TWENTY ONE THOUSAND, THREE HUNDRED SIXTY-THIRTY FIVE DOLLARS ($37,365.00521,335.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto Lessee, SA&P/which amount Lessee will shall use to pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/LesseeXxxxxx. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Lessee agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND THREE EITHY TWO THOUSAND, NINE HUNDRED SIXTY-FIVE DOLLARS THIRTY TWO ($37,365.0082,932.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto Lessee, SA&P/which amount Lessee will shall use to pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/LesseeXxxxxx. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Lessee agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND THREE EITHY TWO THOUSAND, NINE HUNDRED SIXTY-FIVE DOLLARS THIRTY TWO ($37,365.0082,932.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto Lessee, SA&P/which amount Lessee will shall use to pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/Lessee. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Xxxxxx agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Agreements, copies of which are attached to this Agreement as Exhibit B. D. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS One Hundred Ninety Seven Thousand Four Hundred Nine Dollars ($37,365.00197,409.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto the Acquisition Fund described below, SA&P/which amount Lessee will shall use to (i) pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors Vendor in accordance with the terms of the Purchase OrderAgreements, or (ii) obtain reimbursement when the Lessee has previously paid the Vendor directly for the purchase of Equipment. Upon making final payment under the Purchase OrderAgreements, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/Lessee. Failure by vendors the Vendor to perform under the Purchase Order Agreements shall not affect SA&P/Lessee’s 's obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, “Equipment hereunder "as is”, ," it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Lessee agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND FIVE HUNDRED TWENTY ONE THOUSAND, THREE HUNDRED SIXTY-THIRTY FIVE DOLLARS ($37,365.00521,335.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto Lessee, SA&P/which amount Lessee will shall use to pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/Lessee. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Lessee agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-FOUR HUNDRED TWENTY SEVEN THOUSAND THREE THOUSAND, FOUR HUNDRED SIXTY-SIXTY FIVE DOLLARS ($37,365.00427,465.00) for said EQUIPMENT following to Lessee, which amount Lessee shall use to pay a formal bid award from Laramie City Council. In turn, SA&P/Lessee will pay portion of the cost of to purchase the purchase of the EQUIPMENT to Equipment from the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/LesseeXxxxxx. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

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Equipment Acquisition. Following all pertinent state Xxxxxx agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTYSEVEN HUNDRED NINETY-SEVEN THOUSAND NINE THOUSAND, THREE HUNDRED SIXTY-FIVE DOLLARS EIGHTY FOUR ($37,365.00799,384) for said EQUIPMENT following to Lessee, which amount Lessee shall use to pay a formal bid award from Laramie City Council. In turn, SA&P/Lessee will pay portion of the cost of to purchase the purchase of the EQUIPMENT to Equipment from the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/LesseeXxxxxx. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Xxxxxx agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-SEVEN THOUSAND ONE HUNDRED THIRTY NINE THOUSAND, FIVE HUNDRED SIXTY THREE HUNDRED SIXTY-FIVE DOLLARS AND THREE CENTS ($37,365.00139,563.03) for said EQUIPMENT following to Lessee, which amount Lessee shall use to pay a formal bid award from Laramie City Council. In turn, SA&P/Lessee will pay portion of the cost of to purchase the purchase of the EQUIPMENT to Equipment from the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/LesseeXxxxxx. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

Equipment Acquisition. Following all pertinent state Lessee agrees that it has been and local statutes and policieswill continue to be responsible for the preparation of the specifications for, the CITY/Lessee will purchase EQUIPMENT from an approved dealer. The EUIPMENT will be purchased by and remain wholly owned by the CITY until the lease is paid in full. During CITY ownership, SA&P shall not assign or otherwise transfer any initiation of the rights or delegate any bidding procedures with respect to and the letting of contracts for the purchase of the duties set forth in this Agreement nor shall SA&P use EQUIPMENT Equipment and for collateral for any financial obligation. If SA&P sells the its businesses to another party, the net proceeds acceptance of the sale shall be applied toward full repayment of the lease Equipment pursuant to the provisions of the Purchase Orders, copies of which are attached to this Agreement Exhibit B. as EXHIBIT C. As of the date of this Agreement, CITY/Lessor shall pay the amount of THIRTY-ONE HUNDRED EIGHTY SIX THOUSAND FOUR HUNDER THIRTY SEVEN THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($37,365.00186,437.00) for said EQUIPMENT following a formal bid award from Laramie City Council. In turnto Lessee, SA&P/which amount Lessee will shall use to pay the cost of the purchase of the EQUIPMENT Equipment to the Vendors in accordance with the terms of the Purchase OrderOrders. Upon making final payment under the Purchase OrderOrders, SA&P/Lessee shall present to CITY/Lessor a Certificate of Acceptance signed by an Authorized Official of SA&P/Lessee. Failure by vendors the Vendors to perform under the Purchase Order Orders shall not affect SA&P/Lessee’s =s obligation to make Rental Payments under this agreementAgreement. CITY/LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN CONDITION DESIGN, CONDITION, ADEQUACY, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. SA&P/Lessee acknowledges that CITY/Lessor in is not the Vendor or a manufacturer or dealer of the EQUIPMENT Equipment and that SA&P/Lessee leases the EQUIPMENT hereunder, Equipment hereunder “as is”, it being acknowledged and agreed that no risk as to the value, condition, usefulness, usefulness or fitness of the EQUIPMENT Equipment shall be borne by CITY/Lessor nor shall CITY/Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement,.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

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