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Home My WebLink AboutHamilton County Professional Fire Fighters Foundation/ Acknowledgement, Transfer and Release of Liability/Turn Out GearJAO ACKNOWLEDGEMENT, TRANSFER AND RELEASE OF LIABILITY KNOW ALL BY THE PRESENTS, that the City of Carmel, an Indiana political subdivision ("Transferor"), in consideration of One Dollar ($1.00) and other good and "valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby assign, transfer, convey and set over unto the Hamilton County Professional Fire Fighters Foundation, Inc., an Indiana non-profit corporation ("Transferee"), all of the Transferor's rights, title and interest in and to the Turnout Gear (the "Gear"), which is further described on Exhibit A, which is attached to and hereby incorporated herein, on the terms and conditions set forth herein. The transfer of the Gear is made on an as is basis. There are no warranties made by the Transferor relating to the Gear, its condition and/or value, express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose. The Transferee hereby releases and forever discharges and agrees to indemnify and hold harmless the Transferor, its officers, elected officials and agents, and their successors, from and against any and all claims, demands, actions, causes of action, liabilities, losses and expenses whatsoever, including but not limited to reasonable attorney's fees, arising out of or incurred with respect to the transfer, transport and use of the Gear from this date forward, including but not limited to its condition, operation and/or use by the Transferee or any subsequent owners or users thereof. ALL WARRANTIES OF QUALITY OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. THE GEAR TRANSFERRED HEREUNDER IS SOLD "AS IS," "WHERE IS" AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY BY TRANSFEROR. X.roba landeftrmslTumoul gear Ackrnyledge Transfer Releoso LIaNitf 3.11-16.doca311712g181:55 PM The undersigned persons hereby represent and certify that he/she has full power and authority to execute this Acknowledgement, Transfer and Release of Liability. IN WITNESS WHEREOF, Transferor 2nd Transferee have executed this Acknowledgment, Transfer and Release of Liability this day of .(� , 2016. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: ames Bratn d, Presiding Officer Date: nZ^ / Mary An Burk�Mer}�� Date: / Loril S. Wat , Member Dat X:Voberlandeffo mslTumoutgearAcknowledgeTransfer Release WbWy 3-11-164=3!1700161:55 PM HAMILTON COUNTY PROFESSIONAL FIRE FIGHTERS FOUNDATION, INC. BY: Signature AN loNy L Mbi'rrAv Printed Name Title q-/6-1� Date EXHIBIT A TURN OUT GEAR 27 FULL SETS CASTOR 2005 LION HUGHES 2005 LION YOUNG 2004 CAIRNS SUTTON 2004 CAIRNS HAUS 2004 GLOBE STEELE 2004 GLOBE MOWERY 2004 LION CRANE 2001 LION PHILLIPS 2005 LION HUTCHISON 2004 GILES 2004 BRISCO 2003 LION PRICE 2005 LION HAYMAKER 2004 GLOBE THOMAS 2005 GLOBE HOLUBIK 2004 GLOBE VALLONE '206 1 LION GIPSON 2005 LION LOVE 2004 GLOBE EDWARDS 2004 GLOBE BASKERVILLE 2000 LION TONEY 2003 GLOBE MAROON 2002 LION DELONG 2005 LION COLLINS 2005 LION GRIMES 2005 LION GREINER. 2005 LION 6 COATS MEAD 2004 GLOBE ROBINSON 2003 GLOBE DORSCH 2005 LION BASKERVILLE 2003 LION KEATON 2005 LION CUMMINS MORNING PRIDE 4 PANTS X:yober1 doAFwmsSTumaulgearAcknowledgeTransferRelease11ab8ily3.11.l6.docx3l1712016U5PM STEURY 2005 LION WALKER 2005 LION HOWARD MORNING PRIDE DELONG 2002 1 LION X Jobedon4offormslTumoul gear Acknowledge Transfer Release Liablily 3-11-16.douTI7126161:55 PM