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�i <br /> CONTRACT <br /> THIS AGREEMENT,made by and between Pierce Manufacturing Inc.,Appleton,WI,first party, <br /> and the City of Decatur Fire Department,IL by its authorized representative,second party <br /> WITNESSETH: <br /> First.The said first party hereby agrees to furnish the apparatus and equipment according <br /> to the specifications hereto attached and made a part of this contract,and to deliver the same as <br /> hereinafter provided. <br /> Second.The first party agrees that all material and workmanship in and about said <br /> apparatus and equipment shall comply with said specifications. In the event there is any conflict <br /> between Customer Specifications and the Pierce Proposal,the Pierce Proposal will prevail.The <br /> standard Pierce Warranty will apply. <br /> Third.This contract for fire apparatus conforms with all Federal Department of <br /> Transportation(DOT)rules and regulations in effect at the time of contract signing,and with all <br /> National Fire Protection Association(NFPA)Guidelines for Automotive Fire Apparatus as <br /> • published at the time of contract signing,except as modified by customer specifications.Any <br /> increased costs incurred by first party because of future changes in or additions to said DOT or <br /> NFPA standards will be passed along to the customer as an addition to the price set forth below. <br /> Fourth.The said apparatus and equipment shall be ready for delivery from Pierce <br /> Manufacturing,Appleton,WI within 9— 10 months after the receipt and acceptance of this <br /> contract. The first party shall not be deemed in default for any causes beyond its reasonable <br /> control and not occasioned by its negligence,including,but not limited to,civil wars,insurrections, <br /> strikes,riots,acts of terrorism,fires,storms,floods,other acts of nature,explosions,earthquakes, <br /> accidents,any act of government,delays in transportation,inability to obtain necessary labor, <br /> supplies or manufacturing facilities,allocation regulations or orders affecting materials,equipment, <br /> or failure of vendors to perform their contractual obligations. The said apparatus and equipment <br /> shall be delivered to said party of the second part at Pierce Manufacturing,Appleton,WI. <br /> Fifth.A competent serviceman shall upon request,be furnished by first party to <br /> demonstrate said apparatus for second party and to give its employees the necessary instructions in <br /> the operation and handling of said apparatus. <br /> Sixth.The second party hereby purchases and agrees to pay for said apparatus and <br /> equipment,the sum of Four Hundred Fifty-Five Thousand Three Hundred Seventy-One Dollars <br /> and Seventy-Seven Cents($455,371.77). <br /> i <br /> Rev August 3,2006 CRH <br /> 73 <br />