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i <br /> I <br /> 7. Pierce affirmatively represents and warrants that the fire equipment and apparatus <br /> described in Exhibit A meets and conforms with all National Fire Protection Association guidelines as set <br /> forth and published at the time of execution of this Agreement. IF <br /> 8. The City agrees to the purchase of the fire equipment and apparatus for the total sum of <br /> Nine Hundred Fifty-Nine Thousand Fifty Dollars($959,050.00). <br /> i <br /> 9. Pierce agrees that if One Hundred Percent (100!) of payment is made on or before <br /> ! September 16, 2011, it shall deduct Eleven Thousand Two Hundred Dollars ($11,200.00) from the <br /> purchase price described in Paragraph 8 with the total purchase price reduced to Nine Hundred Forty- <br /> Seven Thousand Eight Hundred Fifty Dollars($947,850.00). <br /> I <br /> i 10. City agrees to provide payment to Pierce on the date this Agreement is executed by both <br /> parties. <br /> 11. City agrees to pay any and all applicable Federal, State and local taxes in addition to the <br /> purchase price set forth above. <br /> 12. Pierce shall not be deemed to be in default for any causes beyond its reasonable control <br /> I <br /> and not occasioned by its negligence,including, but not limited to, civil wars, insurrections,strikes, riots, <br /> acts of terrorism,fires, storms,floods,other acts of nature, explosions, earthquakes, accidents, acts of <br /> government or delays in transportation. <br /> 13. Upon request by the City, Pierce shall provide within fourteen (14) days of said request, a <br /> serviceman competent,knowledgeable and experienced In the use and operation of the fire equipment i <br /> and apparatus described in Exhibit A to demonstrate the use and operation of said equipment and <br /> apparatus to those persons designated by the City and to give City employees the necessary instruction <br /> in the operation and handling of said equipment and apparatus. <br /> i <br />