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178689 10/28/2009 CITY OF CARMEL, INDIANA VENDOR: 097251 Page 1 of 1 ONE CIVIC SQUARE FISHER SCIENTIFIC i CHECK AMOUNT: $2,449.83 CARMEL, INDIANA 46032 ACCT 440371 -001 13551 COLLECTIONS CENTER DRIVE CHECK NUMBER: 178689 CHICAGO IL 60693 CHECK DATE: 10/28/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 9433340 2,449.83 OTHER EXPENSES REMIT TO: INQUIRE AT: (800) 766 -7000 D- U- N -S -00- 432 -1519 ACCT# 440371 -001 4500 TURNBERRY DRIVE FEIN 23- 2942737 Fisher Scientific 13551 COLLECTIONS CTR DR HANOVER PARK IL ORIGINAL INVOICE Part of Thermo Fisher Scientific CHICAGO IL 60133 PLEASE REFER TO THIS INVOICE 60693 NUMBER ON YOUR REMITTANCE CUSTOMER PURCHASE ORDER NUMBER RELEASE NUMBER INV. DATE 9433340 S11875 10/15/2009 ORDER NO. ACCOUNT NO. CSO F.O.B. ORDER ENTRY DATE I PAGE DUPLICATE B92872954 440371 -001 CHI SHIPPING POINT 10/14/2009 1 SOLD TO: SHIP TO: INVOICE TYPE: NOR FON CON ACCOUNTS PAYABLE CARMEL UTILITIES CITY OF CARMEL nfisisn STE 110 WASTEWATER TREATMENT PLT PAIMAi, 760 3RD SW AVE 9609 HAZEL DELL PKWY DUE: 11/14/2009 srui'ntEN7 CARMEL IN 46032 -7612 INDIANAPOLIS IN 46280 -2935 TERMS: NET 30 DAYS FROM INVOICE DATE. PAYABLE IN U.S. CURRENCY. Vi s it www.fishersci.com DESCRIPTION CATALOG QUANTITY UNIT PRICE AMOUNT NUMBER SHIPPED CALLER -TARA RUBUSH PHONE- 317 -571 -2634 SHIPMENT NBR: 001 FROM: MWD ON 10/15/2009 DRI CONTRAD POWDER DETERG 2KG 04 355 4 1 CS 127.92 127.92 AMMONIA PH ADJUSTING ISA 13 641 883 3 EA 81.70 245.10 POLYSEED CAPSULES 50 /PK 13 297 200 2 PK 87.70 175.40 STANDARD 1M PPM N 475ML 13 641 924C 2 EA 67.93 135.86 FB NITRILE GLV PF LF L 100 /PK 19 130 1597D 3 CS 161.84 485.52 FB GLV LTX PF AMBI LG 100 /PK 11 394 5C 3 CS 143.70 431.10 FB NITRILE GLV PF LF M 100 /PK 19 130 1597C 1 CS 188.82 188.82 BUFFER COLRD RED PH 4.00 500ML SB101 500 2 EA 15.89 31.78 LOT 092514 BUFFER CLRD YEL PH 7.00 500ML SB107 500 2 EA 15.28 30.56 LOT 092920 BUFFER COLRD BLUE PH 10 500ML SB115 500 2 EA 15.81 31.62 LOT 093565 GLASS FIBER FILTER 47MM 10OPK AP4004700 10 PK 37.14 371.40 FINNTIP 63 2 -10ML BULK 100 /PK 21 377 52 10 PK 17.00 170.00 kERCHANDISE SUBTOTAL 2,425.08 HAZARDOUS MATERIAL CHARGE 22.00 SHIPPING -FUEL SURCHARGE 2.75 TOTAL INVOICE AMOUNT 2,449.83 FOR YOUR PROTECTION, OUR COMPANY DOE NOT ACCEPT CREDIT CAZD NUMBERS VIA FAK OR EMAIL FOR YOUR REFERENCE, AN ASTERISK HAS I EEN PLACED BY THOSE I EEMS FOR WHICH MS DS (S) WILL BE P OVIDED UNDER SEPARATE COVER. CONTACT YOUR C STOMER SERVICE REPRESENTATIVE IF ADDITIONAL INFORMATION NEEDED. CONTINUED See reverse side for complete terms and conditions or visit httl):Hga fishersci com /wls /portal /CMSTATIC ?href= Footer /tandcsale isp PAST DUE BALANCES ARE SUBJECT TO A FINANCE CHARGE. THIS SHIPMENT WAS DELIVERED IN PERFECT CONDITION AND SIGNED FOR BY THE TRANSPORTATION COMPANY. CONSIGNORS RESPONSIBILITY CEASES UPON DELIVERY OF GOODS TO CARRIER. DO NOT ACCEPT SHIPMENT SHOWING EVIDENCE OF DAMAGE OR SHORTAGE UNTIL AGENT OF CARRIER ENDORSES NOTATION TO THIS EFFECT ON FACE OF TRANSPORTATION RECEIPT. WITHOUT THIS DOCUMENTARY EVIDENCE CLAIM CANNOT BE FILED. SELLER CERTIFIES THAT ALL GOODS (OR SERVICES) COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACTS OF 1938, AS AMENDED, AND OF THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. NO CREDIT WILL BE ALLOWED FOR MERCHANDISE RETURNED WITHOUT PRIOR AUTHORIZATION. THE PRICES SHOWN ON THIS INVOICE ARE NET OF DISCOUNTS PROVIDED AT THE TIME OF PURCHASE. SOME PRODUCTS MAY BE SUBJECT TO ADDITIONAL DISCOUNTS AGREED UPON BETWEEN THE PARTIES. TF.RMS AND CONDITIONS OI' SALF Unless otherwise ctpressIv agn'cl,d in writing, all ,ales are subject to the warranty claim; and (h) after Seller's review, Seller will provide understood and agreed to mean "license and that the word "Buyer' (or the following terms and conditions: Bever with service data and /or a Return Material Authorization similar or derivative words ore understood and agreed to mean "ficcnsce GF'NF'RAI, Fisher Scientific Compare L.L.C. "Seller herehv "RNIA which mac include biohazard decoutunination procedures Notwithstanding anything to the contrary- contained herein, Seller or its offers fur sale to the buyer named tin the face hereof "Buyer the and other producr- specific handling instructions, then, if applicable, licensor, as the case may be, retains all rights and interest in software products listed on the face hereof (the `Products on the express Buyer may return the defective Products to Seller with all costs prepaid products provided hereunder. condition that Buser agrees to accept and be bound ba the terms by Buyer. Replacement parts may be new or refurbished, at the eleaion Stier herebv grants to Buyer a roc-odo- -free, non exclusive, and conditions set forth herein. Any provisions contained in any of Seller. All replaced parts shall become the property of Seller. nontransferable license, without power to sublicense, to use software dorn cm issued by Buyer arc expressly rejected and if the terms Shipment to Bever of repaired nr ceplaeemenr Products shall be matte provided hereunder solely for Buyer's own internal business purposes c the and conditions in this Agreement differ from the terms of Buyer's in accordance with the Delivery provisions of the Seller s Terms and hardware products provided hereunder and to use the rclared documentation offer, this document shall be construed as a counter offer and shall Conditions of Sale. Consumables are expressly exduded from this solely for Ruler's own internal business purposes. This license t— carrores not be effective as an accepnmce of Rover's documeur. Burets warranty. when Bill lawful possession of the hardware products provided receipt of products or Seller's commencement of the services Nonvirhsthnding the foregoing, Products supplied by Seller that arc hereunder erases, unless earlier terminated as provided herein. Buyer agrees provided hereunder will constitute 1luycr's acceptance of this obtained by Seller from an original manufacturer or third part- supplier to hold in confidence and not to sell, transfer, license, loan or otherwise Agreement. This is the complete and exclusive statement of the are not warranted by Seller, but Seller agrees to assign to Bower any make available in any form to third parties the software products and related contract between Seller and Butcr with respect to Btn purchase warrant° rights in such Product that Seller mar have from the original documentation provided hereunder. 1luvcr may not disassemble, decnmpile of the Products. No waiver, consent, modification, amendment or manufacturer or third part- supplier, to the event such assignment is nr reverse engineer, copy, modify, enhance or otherwise change or change of the terms contained hcrein shall be binding unless in allowed by such original manufacturer or third party supplier. supplement the software products provided hereunder without SCIICI'. prior writing and signed by Seller and Bever. Seller's failure io object to In no event shall Seller have any obligation to make repairs, written consent. Seller will be entitled to terminate this license if 1luicr Fails terms contained in any subsequent communication from 1luper will replacements or corrections required, in whole or in part, as the result to comply with am- term or condition herein. Buyer agrees, upon termination not be a waiver or modification of the terms set forth herein. Ail of (i) normal wear and tear, (t) accident, disaster or event of force of this license, immediately to ream to Seller all software products and orders are subject to acceptance in writing b, an authorized maje ire, (iii) misuse, fault or negligence of or by limper, (iv) use of the related dueunhcuration provided hereunder and all copies and purzinns representative of Seller. Products in It manner for which they were not designed, (v) causes thereof. PRICK: All prices published by Seller (or quoted by Seller's external to the Products such as, but not limited to, power failure or Certain of the software products provided by Seller mat' be o wncd by nnc representatives may be changed at any untie without notice. All electrical power surges (vi) improper storage and handling of the or more third parties and licensed to Seller. Accordingly. Seller and Buyer prices quoted by Seller or Seller's representatives are valid for thirtv PlodmctS or (vii) use of the Products in combination with equipment or agree that such third parties retain ownership of and title ro such software (30) clays, unless otherwise stated in writing. All prices for the software not supplied by Seller. If Seller determines that Products for products. The warrant- and indemnification provisions set forth herein shall Products will be as specified by Seller or, if no price has been which Ranter has requested warranty services are not covered by the nor apply to sofnvarc products owned by third parties and prnvidcd specified or quoted, twill be Scllcr s price in effect at the time of warrant hereunder, Buyer shall Pay or reimbuae Seller for all costs of hereunder. shipment. All prices arc subject to adjusnnenr on account of im and responding to such request at Seller's then prevailing LINIITATR)N UP LIABILITY: Nomirhstanding anything to the contrary spceificarinm, quantities, rase materials- cot of production, time and materials rates. If Seller provides repair services or contained herein, the Iiabiln, of Seller under ibex, rhos and condmom shipment arrangement o other term, ur cundauuns which arc nor rcplaccmcnt parts that arc not entered b, the warranty, Biller shall pay (whefherr b, 11 son of br each of courrtct, tort, uxlenunification. or ot11crnasc. r i part of Seller's original price quutuion. Scllcr therefore at Seller's Then prevailing time and materials rate,. An, bur excluding habiht of Seller For breach of ,varraniv (the sale remeclo fur T,ASP.S AND OTI IrR (II.ARGI S: Prices fill the Products installation, nammnanee, repair, service, relocation or alteration to or which shall be as provided under WARRANTY abnvc)) shall not exe(ed all -elude all sales, value added and other taxes and duties imposed i f, or (other tanapenug with, (it(- Products performed by am person or am equal To the lesser of (a) rile total purchase price theretofore paid by with respect to the sale, delivery, or use of am- Products covered cnriry other than Seller without Seller's prior written approval, or any fluter m Seller with respect no ds Product(s) giving rise to such liabdiry or hereby, all of which taxes and duties must be paid by 1luycr. If use of replaccmont parts not supplied by Seller, shall immediately void (b) one million dollars ($1,000,000). Notwithstanding anything to die Buyer claims any exemption, Buyer must provide a valid, signed and cancel all warranties with respect to the affected Products. contrail contained herein, in no event shall Seller be liable For anv indirect, certificate or letter of exemption for each respective jurisdiction. The obligations created by this warrant- statement to repair or special, consequential or incidental danages (including xcithout limitation TERMS OF PAYMENT: Seller may invoice Bever upon shipment replace a defective Product shall be the still, remedy of Bumcr in the damages for loss of use (of facilities or equipment, loss of revenue. loss of for the price and all other charges payable by Kuper in accordance event of a defective Product. Fxcept its expressly provided in this dam, Loss of profits or loss of goodwill), regardless of whether Seller (a) has with the terms on he face hereof. If no payment terms are stated warrants statement. Seller disclaims all other warranties, whether been informed of the possibility tit such damages or (b) is negligent. on the face hereof, payment shall be net thirty (30) days from the express or implied, oral or writrcn, with respect to the Products, EXPORT RFSTR ICTIUNS: 1luver acknowledge., bar each Product and any clam of invoice If Buyer fails to pay any amounts when due, Bu including without limitation all implied warranties of merchantability or related sofnvarc and technology, including technical information supplied by shall paw Scllcr interest thereon at a periodic rate of one and one- Fitness for am particular purpose Seller does not warrant that the Seller or contained in documents (collectively `Items is subject to export half percent (15 °0) per month (or, if lower, the highest rare Products are error -free or will accomplish any particular result. controls of the U.S. government. The export controls may include, btu are permitted by law), together with all costs and expenses (including INDUNINIFICATION BY S171,1 17R: Seller agrees to indemnify, not limited to, those of the F'sport Administration Regulations of the C.S. without limitation reasonable auornevs' fees and disbursements and defend and save limner, its officers, directors, and employees from and Drparuncnr of Commerce (the `FAR'), which may restrict or require court costs) incurred by Seller in collecting Such overdue amounts against any and all damages, liabilities, actions, causes of action, suits, licenses for the export of Items from the United Srres and their re- export or otherwise enforcing Seller's rights hereunder. Seller reserves the claims, demands, losses, costs and expenses (including without from utter countries. Bever shall comply with the F.AR and all other right to require from Buyer full or partial payment in advance, or limitation reasonable attorney's fees) "Indemnified Items') for (i) applicable laws, regulations, laws treaties, and agreements relating ro he other scanin that is sersfaactory to Seller, at airy time that Seller injury to or death of persons or damage to properrg to the extent export, --port, and inhpoir of anv Item, 1luyer shall nor, without first believes in good faith that Buyer's financial condition cities not caused by the negligence or willful misconduct of Seller, its employees, obtaining the required license to do so from the appropriate C.S. justify the terms of pavnhent specified. All payments shall be made agents or representatives of contractors in connection will the government agency; (i) export or re- export any Item, or (u) export, re.- export. in C.S. Dollars. performance of services at Buyers premises under this Agreement and disnihute or supple any Item to arm restricted or embargoed county or to a DF.I.IAT.RY; CAM 'IiLL ATION OR (I I.ANGFS BN BUYIM 0,i) claims that a Product infringes any valid United States parent, person or emit whose privilege to participate in exports has been denied or The Products will be shipped to i, destination specified by 11uv Y, copyright or track Secret, provided, however, Seller shall have no restricted by the l S. government. Buyer shall cooperate fully with Seller in F.O.B. Sellers shipping point. Seller will have the right, at its liability under this Section to the extent anv such Indemnified Items are any official or unofficial awdit or inspection related to applicable export or election, to make partial shipments of the Produces and ni invoice caused by tuber (i) the negligence or w-iliful misconduct of Buyer, its import control Taws or regulations, and shall indemnify and hold Scllcr each shipment separately. Scllcr reserves the right to stop deliver- of employees, agents or representatives or contractors, (ii) b any third harmless from, or in connection with, am violation of this Section by Bower Products in transit and to withhold shipments in whole or in part if part-, (iii) use of a Product in combination with equipment or sofm'are ar its enhplot-ees, consultants, agents, or customers. 1113111 full u, make any payment u. Seller when due ur otherwise not supplied Ill Seller where the product would not itself he infringing, N11SC iI.LANFUCS: (a) Buyer may not delegate any duties nor assign anv fails a, pertimn its obligations hercunder..All shipping dates for, (n) complianruC with Buyer's designs, specifications or instructions, (v) rights nr claims hereunder without Seller's prior written consent, and am- approximate only- and Sealer will nor be (able for any loss or use of the Product in an application or environment for which it was such attempted delegation of assignment shall he void. (h) The rights and damage resulung from anv dyke, in dclivrn or failure to deliver not designed or (vi) modifications of the Product by anyone other than obligations of the parties hereunder shall be governed be and construed in which is due m any cause 1—tond Seller's reasonable control. In the Seller without Seller's prior written approval. Buyer shall provide Seller accordance with the laws of tae Commomwadrh tit Pennsy aria, without event of a delay Joe to any cause beyond Seller's reasonable control, prompt written notice of amp third port claim covered be Seller's reference to its choice of low provisions. Bach part herein- irrevocably Seller rose -es the right to terminate the order or to reschedule the indemnification obligations hereunder. Seller shall have the right to consents to the exclusive jurisdiction of the state and federal courts located shipment within a reasonable period of time, and Buyer will not be assume exclusive control of tire defense of such claim or, our the option in Alleghenv County, Pennsylvania, USA, in any action arising out of nr entitled to refuse deliver, or otherwise be relieved of any obligations oC ncc Scllcr, t scale the sane. Bore1 1L ic-c' tai coupe r.ve raixmably i nc, :Agreement and sc.ii%c, any rht11er venue to which it man be cosh drl.n. Ptodno n 11mn,<non wuii till 1—t -nLn— 1 ?01,r of its eumdcd b, done rk o oth—r— c. In the c,cnt of area I,,e.t pr. �cccdntr due n. ae, ca within Bu,tt', tom col u by plat,d n "onig b, obmganom m ibis <non. br en rho >eller and Btu er rclamh,g ui rill Agrrennem, n,lll— porn o Scllcr in finca s risk and expense and f<u Buyers account. Urden Notwiihst ndng the above, Seller's infringement rclared claim the right to a trial by jury, and both parries aal -e any right they may in process may be canceled only with Seller's written consent and imdem nifiaation obligations shall be extinguished and relieved if S,11,,, have under applicable Ianw or otherwise to a right to a trial by jury. Any action upon payment of Seller's cancellation charges. Orders in process at its discretion and at its own expense (a) procures for linter the right, arising under this Agreement nuut be brought within one (1) year from the may not be changed excepr with Seller's written consent and upon at no additional expense to Buyer, to cotiumue using the Product; (b) date that the cause of action arose. (d) The application to this Agrecmem of agreement by the parties as to an appropriate adjustment in the replaces or modifies the Product so that it becomes non infringing, tiro C.N. Convention on Contracts for nc� International Sale of Goods is purchase price therefore. Cre<.lit will not be allowed for Products provided the modification or rcplaccmcnt does not advers,k affect the hereby expressly exduded. (c) In the event that anv one or more provisions remmed without the prior writrcn consent of Seller. specifications of the Product, or (c) in the etenr (a) and 0,,y arc n a u retained herein shall be held bcompetent III a court of compe jurisdiction to be TI TLA AND RISK OF LOSS: N— itstanding 1111 trade teens practical, refund to Boyer tae amortized amounts paid I with invalid, illegal o mnenfin in anv respect, the validity, legality and indicated above air,] subject to Sellers right to stop cleliven- of respect thereto, based on a fie (5) year amaortinulon schedule f '1110 en rceabilit- of (h, remamng provisions contained herein Shall remain in products in transit, title to and risk of loss of the Products will pass foregoing indemnification provision series S(Iler's entire liability to full force and effect, unless lire revision materially changes the hargain. (t) to Buyer upon dchverw of possession of the Products by Seller to Buyer for the claims d,scribcd herein. Sellers failure to enforce, or Seller's waiver (if or breach of, any provision the carrier; prenidcd, however, thou rule to any software INDI( NINIFICATION BY BUl Buyer shall indemnify, defend contained herein shall nor constitute a waiver of any (other breach or of such incorporated within or forming It part of the Products shall at all with competent and experienced counsel and hold harmless Seller, its provision. (to Unless otherwise expressly stated tin 1111 PCOduQ or in the times remain with Seiler or the ficensor(s) thereof, as the case may parent, subsidiaries, affiliates and divisions, and their repeedve doaunentrion accompanying the Product, the Product is intended for I— officers, directors, shareholders and employees, from and against anv research onl and is nor to lie used for am' other purpose, including without VC';ARRAN '1'Y: Seiler —t -rants that the Products will operate or and all damages, liabilities, actions, causes of action, suits, claims, limitation, mha itxniel,cl commercial uses, in nitro diag hc»rc uses, tiro or perform Substantially in conformance with Seller's published demands, losses, costs and expenses (including without limitation in vivo therapeutic uses, or an n-pe of consumption by or application to specifications and be free from defects in material and reasonable attorneys' fees and disbursemems and court costs) to the humans or animals. (h) Rover agrees that all pricing, discounts and technical workmanship, when subjected to normal, proper and intended extent arising from or in connection with (i) the negligence or willful information that Seller provides to Buyer arc the confidential and pnhpriccan usage by properly trained personnel, for the period of time set forth misconduct of Bever, its agents, employees, rptrsentarwes or information of Seller Buyer agrees ro (1) keep such informawon confidential in the product documentation, published specifications or package contractors: (ii) use of a Product in combination with equipment or and not disclose such infiinnarion to anv third party, and (2) use such inserrs. If a penod of time is nor specified in Seller's product sofnvarc nor supplied by Scllcr ,here the product itself would not be information solely for Buyer's internal puipuses and in connection with the documentation, published specifications or package inserts, the infringing; (iii) Seller's compliance with designs, specifications or Products supplied hereunder. Nothing herein shall restrict the u. of warranq period shall be one (1) rear from the date of shipment to instructions supplied to Seller by Buycr; (iv) use of a Product in an information available n, the general public (i) Any notice or communication Buyer for equipment and uinet} (90) days for all other products (the application o r m environent for which it was nor designed; or (v) required or permitted hereunder shall be in writing and shall be deemed "Warranty Period"), Seller agrees during the AA' am arr ty Period, to modifications of or Product by ammne other than Seller without Seller's received when personally delivered or three (3) business days after being sent repair or replace, at Seller', option, defective Products so as to cause prior written approval. by certified mail, postage prepaid, to a party at the address specified herein or the same to operate in substamial conformance with said published SOFfWARF: With respect to any software products incorporated in at Such other address as either party may from rim, time designate to the specifications provided that Buyer shall (a) ptompdy notify Seller in or forming a parr of the Products hereunder, Seller and Buyer intend other. writing upon the discoverm of any defect, which notice shall include and agree that such sofnvarc products arc being licensed and not sold, the o n iucr model and serial number (if applicable) and details of and thar the words "purchase "sell" or similar or derivative words are REMIT TO: INQUIRE AT: (800) 766 -7000 D- U- N -S -00- 432 -1519 (D ACCT# 440371 -001 4500 TURNBERRY DRIVE FEIN 23- 2942737 Fisher Scientific 13551 COLLECTIONS CTR DR HANOVER PARK IL ORIGINAL INVOICE Pert of Thermo Fisher Scientific CHICAGO IL 60133 60693 PLEASE REFER TO THIS INVOICE NUMBER ON YOUR REMITTANCE CUSTOMER PURCHASE ORDER NUMBER RELEASE NUMBER INV. DATE 9433340 S11875 10/15/2009 ORDER NO. ACCOUNT NO. CSO F.O.B. ORDER ENTRY DATE PAGE DUPLICATE B92872954 440371 -001 CHI SHIPPING POINT 10/14/2009 2 SOLD TO: SHIP TO: INVOICE TYPE: NOR FON CON ACCOUNTS PAYABLE CARMEL UTILITIES CITY OF CARMEL n ❑sisn STE 110 WASTEWATER TREATMENT PLT PARTIAL 760 3RD SW AVE 9609 HAZEL DELL PKWY DUE: 11/14/2009 sill" ""-NT CARMEL IN 46032 -7612 INDIANAPOLIS IN 46280 -2935 TERMS: NET 30 DAYS FROM INVOICE DATE. PAYABLE IN U.S. CURRENCY. Visit: www.fishersci.com DESCRIPTION CATALOG QUANTITY UNIT PRICE AMOUNT NUMBER SHIPPED THERE IS A $22.00 HAZARDOUS MATERIAL HANDLING CHARGE. TELL US ABOUT YOUR RECENT CUSTOMER SERVICE EXPERIENCE BY CO PLETING A SHORT 3URVEY. THIS S OULD TAKE NO LONGEER THAN THREE MINUTES. ENTER THE LINK IN —O YOUR INTO YOUR BROW ER AND ENTER THE PASSCODE SHOWN http://survey.mec.allia.com/fishersci PASSCODE: USA PGH -CS1 PLEASE USE REMIT TO ADDRESS ABOVE AND INCLUDE DEPT. NBR. See reverse side for complete terms and conditions or visit httl): /ga.tishersci.com /wps/ portal /CMSTATIC ?href= Footer /tandcsale.isp PAST DUE BALANCES ARE SUBJECT TO A FINANCE CHARGE. THIS SHIPMENT WAS DELIVERED IN PERFECT CONDITION AND SIGNED FOR BY THE TRANSPORTATION COMPANY. CONSIGNORS RESPONSIBILITY CEASES UPON DELIVERY OF GOODS TO CARRIER. DO NOT ACCEPT SHIPMENT SHOWING EVIDENCE OF DAMAGE OR SHORTAGE UNTIL AGENT OF CARRIER ENDORSES NOTATION TO THIS EFFECT ON FACE OF TRANSPORTATION RECEIPT. WITHOUT THIS DOCUMENTARY EVIDENCE CLAIM CANNOT BE FILED. SELLER CERTIFIES THAT ALL GOODS (OR SERVICES) COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACTS OF 1938, AS AMENDED, AND OF THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. NO CREDIT WILL BE ALLOWED FOR MERCHANDISE RETURNED WITHOUT PRIOR AUTHORIZATION. THE PRICES SHOWN ON THIS INVOICE ARE NET OF DISCOUNTS PROVIDED AT THE TIME OF PURCHASE. SOME PRODUCTS MAY BE SUBJECT TO ADDITIONAL DISCOUNTS AGREED UPON BETWEEN THE PARTIES. TERMS AND CONDITIONS 01; SALE. Unless otherwise espressly agreed in -unig, all sales arc subjecr to the wairant) claim: and (b) after Seller's review, Seller will provide understood and agreed to mean `license and that die word limer" or the following terms and conditions: Buyer midi service data and /or a Return Material Authorization similar or derivative words are understood and agreed to mean "licensee GIiNIiRAI.: Fisher Scientific Compaur L.L.C. ("Seller") hereby "RVIA which may include biohazard ciccoun aminatiun procedures Notwithstanding anything ro the contrary contained herein, Seller or its offers for sale to the buver named on the face hereof (Buyer the and other product specific handling instructions, then, if applicable, licensor, as the case mac be, retains all rights and interest in software products listed on the face hereof (the "products on ds express buver may return the defective products to Seller with all costs prepaid products provided hemunder. condition that Ituver agrees to accept and be bound by the terms bt- Buvcr. Replacement parts may be nerve or refurbished, at the election Seller hereby grains to Buvcr a rovaln-- fine, nun- esChIllye, and conditions set forth herein. Amp provisions contained in any of Seller. All replaced parts shall become the propertn of Seller. nontansferable license, without power to sublicense, to use sofnrare document issued by Buvcr arc espressly rejected and if the terms Shipment to ]lower o r f repaired o replacement Products shall be made provided hereunder solely for Nuver's own internal business purposes on the and conditions in this Agreement differ from the terms of Rower's lit accordance with the Deliver) provisions of the Seller's Terms and hardvware pnhduens provided hereunder and to use the related dole Acct nriun offer, this document shall be construed as a counter offer and shall Conditions of Sale. Consumables arc expressly excluded from this solcly for Broiler's own internal business purposes. This license terminates not be effective as an acceptance of linver's document. Buyer's verso«-. when Buyer's lawful possession of rile hardware products provided receipt of Products or Seller's commencement of the services Nom iihsta riding the foregoing, products supplied by Seller that arc hereunder ceases, unless earlier terminated as provided herein. Ritter agrees provided hereunder will constitute Buyer's acceptance of this obtained by Seller from an Original manufacturer or third party supplier to hold in confidence and not to sell, transfer, license, loan or othervisc Agreement. This is the complete and exclusive stuement of the are not warranted by Seller, but Seller agrees to assign to Bever romp make available in any form to third parties the software products and related contract between Seller and Buyer with respect to Buyer's purchase warranty rights in such Product that Seller may have from the original documentation provided her under. Buyer may nor disassemble, decompile Of the Produces. No waiver. consent, modification, am,ndment or manufacturer or third party supplier, to the extent such assignment is or reverse engineer, copy, modifv, enhance or otherwise change change of the terms contained herein shall be binding unless in allowed by such original manufacturer or third part- supplier. supplement the software products provided hereunder without Seller's prior writing and signed by Seller and Buver. Seller's fail— to object to In no event shall Seller have any obligation to make repairs, written consent. Seller will lie entitled to terminate this license if Buser fails terms contained in anv subsequent communication from liuccr will replacements or corrections required, in whole or in part, as the result to mmpty with am term or condition hercin. Buser agrees, upon termination not be it waiver or modification of the terms set forth herein. All of (i) normal wear and rear, (ii) accident, disaster or event of force of this lieen,e, immediately to remm to Seller all software produce and orders are subject to acceptance in writing by an authorized majeure, (iii) misuse, fault or negligence of or bt Buyer, (iv) use of the related documentation provided hereunder and all copies and portions representative of Seller. products in it manner for which thew were not designed, (v) causes thereof. PRICE: All prices published by Seller or quoted by Seller's external to the Products such as, but not limited to, power failure or Certain of the software products provided by Seller mac be owned by time representatives may be changed at any time without notice. All electrical power surges, (vi) improper storage and handling of the or more third parties and licensed to Seller. Accordingly, Seller and Ituver prices quoted by Scllcr or Seller's representatives are valid for thin, Products or (vii) use (It rile Products in combination with equipment or agree that such third parties retain ownership of and title to such software (30) claps, unless otherwise stated in writing. All prices for the software nor supplied by Scllcr. If Seller determines that Products for products. The warranty and indemnification provisions set forth hercin shall products will be as specified by Seller or, if no price has been which Buyer has requested warrant services are riot covered by the riot apply to software products owned by third parties and provided specified or quoted. It ill be Seller's price in effect at the time of warranty hereunder, Buyer .Shall pap or reimburse Seller for all costs of hereunder. shipment. all prices arc subl(a to adjustment on aCQRplt of investigating and responding to such request at Seller's then prevailing LIMIT.A'TB)N OtP LIABILITY: No- ith,tanding enrrhmg to rhw contnv, ,pvcifications, quantities, material., cost of production, lame and materiah rare'. If Scllcr pr,vid(, repro ,c I,, anu ane,i hercin- th, liabtht of Seller under th-, term, .and c ndut-m, t n, i u n u„ ,hgnnent ariangemei s or (other terms or enndtoons which arc riot replacement port. th:u am not cuycred bit tuts yvatanty Ricer ,hall put (whether bit reason of breach of eonrraet, toot, indemmfieation, or unc�rwt,c. pan of Scllcr's original price yu(oraion. Scher therefor, at Scllcr: then prevailing time and materials rates. .Any but excluding habilin- of Seller for breach of warrant- (the sole remedy for "I ANFS LAND OTi IFR (1IdARGFS: Prices for the Products installation, maintenance, repair, s(r-ice, relocation or alteration to ur mInch shall be as provided under WARRANTY above)) shall not escc,d tin exclude all sales, value added and other [nxn and duties imposed of, or other tampering with, the Products performed by any person or amount equal to the lesser of (a) the total purchase price theretofore paid by with respect to the sale, deliveq', or use of am Products covered entry other than Seller without Seder's prior written approval, or anv Bower to Seller with respect to the Product(s) giving rise to such habilit or hereby, all of which taxes and duties must be paid by Ricer. If use of replacement parts not supplied by Seller, shall immediately void (b) one million dollars (St,000.000). Notwithstanding anything to the Buvcr claims ate exemption, Buyer must provide a valid, signed and cancel all warranties with respect to the affected Products. contrary contained herein, in no event shall Seller be liable for any indirect, certificate or letter of exemption for each respective jurisdiction. 'I lie obligations created by this warrants starcmcur to repair or special, consequential nr incidental damages (including without limitation TERMS OF PAYMENT: Seller may invoice Buver upon shipment replace a defective product shall be the sole remedy of Buver in the damages for loss of rise of facilities or equipment, loss of revenue_ loss of for the price and all other changes payable bt Ricer in accordance event of it defective product. I :,xeept a, expressly provided in this data, loss of profits or loss of goodwill), regardless of whether Seller (a) has with the terms nn the face hereof. If no payment terms :arc stated warranty statement, Seller disclaims all other warranties, w been informed of the possibility of such damages or (b) is negligent. on the face hereof, payment shall be net thirty (30) days from the express or implied- oral (or written, with respect to the Products, ESPOR'T RFSTRICTIONS: Iluyer acknowledges thatcaeh product and am date or inyoicc. If Buyer fails m pay any amounts when due, Buyer including without limitation all implied warranties of merchantability or related software and technology, including technical information supplied by shall pay Seller interest thereon at a periodic rare of (Inc and one- fitness for and particular purpose. Seller does not warrant that the Seller or contained in documents (collectively "Items is subject to export half percent (I.Soio) per month (or, if lower, the highest rare Products are ennr -free or will accomplish any particular result. controls of the U.S. government. The export controls mac include, but are permitted by law), together with all costs and expenses (including INDRNINIM -ATION RS SISLLI {R: Seiler agrees to indemnifv, not limited to, those of the Esport Administration Regulations of the L.S. without limitation reasonable anornevs' fees and disbursements and defend and .mvc Rover, its officers, directors, and emplovccs from and Departnhent of Con inccce (the "FAR"), which may restrict (or require court costs) incurred by Seller in collecting such overdue amounts against amp and all damages, liabiliniCS, actions, causes of action, suits, licenses for the export of Rems from the United States and their rc- ,sport or otherwise enforcing Seller's rights hereunder. Seiler reserves the claims, demands, losses, costs and expenses (including without from other countries. louver shall comply with the FAR and all (other right to require from Borer full or partial pavnhent in advance, or limitation reasonable attorney's fees) (`Indemnified Item:) for (i) applicable laws, regulations, laws, treaties, and agreements relating to the Other security that is satisfactory to Seller, at anv time that Seller injury- to or death of persons or damage to property to the extent export, ic- esport and import of anv Item. liuccr shall riot, without first believes ill good faith that Buyer', financial condition does not caused by the negligence or willful misconduct of Seiler, its employees, obtaining the required license to do so from the appropriate U.S. jusuh- the terms of payment sp(cificci. All payments shall be made agents or representatives or contractors in connection with the government agency; (i) export or re- export any Item, or (ii) export, re-export, it, L'.S. Dollars. performance of scr°ices it Boxer's premises_ under this Agreenhenr and distribute or suppl ant Iten to any restricted or embargoed counur (or to a Dlil.11'IiRS: CANCI :,I.LA'I'ION OR CI I.ANGFS BY BUl "ER: (ii) claims that a Product infringes anv valid United States patent, person (it denied r cnn whose privilege to participate in exports has been de ur 'Th ct e Prothro' will be shipped t(o the desnnauon specified by Ritter, copyright or trade secret; provided, however, Seiler shall have no restricted by the U.S. government. Buyer shall cooperate hill with Scllcr tit P.P.B. Scllcr s shipping point Seller will have the right, at its liability under this Section to the extent am such Indemnified Items arc am- official or unofficial audit or inspection related to applicable export or election, to make partial shipnente of the Products and to invoice caused be either (i) the negligence or willful misconduct of Buver, its import control laws or regulations, and shall indemnifv and hold Seller each shipment s,parawlu. Scllcr resenvcc the right to stop dcliven of employees, agents or representatives or contractors, (ii) by arc third harmless from, or in connection with, ant violation of this Section by Ricer products in tansit and to withhold shipments in whole or in part if part, (iii) use of to Product in combination with equipnhcur or sofrh arc or its emplovccs, consultants, agents, ur n isto u—s. Buyer fails to make into patmcin to Seller when due or othervisc not supplied lit Seller where the Product would not itseh be infringing, AIISCH,LrANP.C)US: (a) Ituver maw riot delegate anv duties nor assign :tat fails to perform us oblugau(ons hereunder, All shipping dares are (is.) compliance with Buver's designs, specifications or instructions, (w) rights or claims hereunder y, ithout Sellers prier written consent and anv approximate only, and Seiler will not be liable fur any loss or use of rile product in an application or environment for which it was such arempmd delegation or assignment shall be ­id. (h) The rights and damage resulting from any delay in dclter or failure to deliver not designed ur (It) modifications of the Product by y anone other than obligations of the parries hereunder shall lie governed by and cnnsrucd in which is due to anv cause bccund Seller's reasonable control. In the Seller yvidwut Seller's prior neritren approval. Ricer shall provide Seller accordance with tile laws of the Cunnn(omveahh of Pennsylvania, without event of a delay due to anv cause beyond Seller's reasonable control, prompt written notice of any third party claim covered by Seller's reference to its choice of law provnems. Gacli part) hcr,l,, irrevocably Seller resen-cs the right to icnninam the order or to reschedule the indemnification obligations hereunder. Seller shall have the right to consents to the exclusive jurisdiction of the state and federal courts located shipment within a reasonable period of time, and Buyer yvill nor be assume exclusive moor I of the def n,c of such clainh nr, at the option Mcghene Count, Pennsylvania, USA, in ant action viang out of cmidcd t, refs, dclivcry or unc�ru is,- be relieve d ofam obligations of the Seller, to ,euh the wnh, B,u n� cnopenuw r nnabl, rcdeting to thi, Aiae u u .and wank ,m, other hems, o, which it n,,, 1, nc� n „tit ,rt "o'n ,Iola, 110 1'', a n, ;,huh d, In vn n d, laud ,unh do, lea e„nn 'n -i wnh the p,r6mnanc, h, s,J]” ''i u, ","I'd bit donuale or „thorw”. c, In the coot .,t an, Icgal pug ,(m, s wanly.. Roy cr, c„... ,1 n be plan -d u, vun,po b ,�bh� n, h iht, So,uon. hrneren tI,, Scllcr and Ricer I'laugg r,, du, Agrecnsnt n,rh,r pain ma, uric ,n ,sit at n, n. Sella at Rover's risk and cxpese and ti,r Ru,cr's account. Orders No—thstanding dm above, Seller s infringement related claim the right io a trial by jm), and both parties waive anv right they mac in process may be canceled only with Seller's written consent and indemnification obligations shall be extinguished and relieved if Seller, have under applicable law or otherwise to a right to a trial b_v jut Ate action upon payment of Seller's cancellation charges. Orders in pnxess at its discretion and at its own expense (a) procures for Buver the right, arising under this Agreement must be brought within one (1) veer from the ma}' riot be change(] except with Sellers written consent and upon at no additional cxp,usc to Buy", to commit, using the Product; (b) date that the cause of nuion arose. (d) l'h, aPpliearion to this Agreement of agreement by the parties as to an appropriate adjustment in the trplaees or modifies the product so that it becomes nun infringing the U.N. Convention on Contracts for file Inrernarional Sale of Goods is purchase price therefore Credit mill not be allowed for Procurers provided the modification or replacement dues not adversely affect the hereby expressly exdided. (c) In the event that any one or more provisions returned without the prior written consent ofSellcr. ,pccificatio- of the Product, or (c) in the (cent (a) and (h) arc not omau —I herein shall b, held by to court of competent jurisdiction to be TITI.L; AND RISK Oh LOSS: Notwithstanding the trade terms practical, refund to Buser the :umrrrizcd anunnns paid by Biycr with invalid, illegal or unenforceable m any respect the vaudit, legality and indicated above and subject to Seller's right to stop delivery of respect thereto, based tin a fire (3) craw :mwni>atiun schedule The enforccabilin. of the renhaining provisions contained herein shall remain in Product, it, transit, title to and risk of loss of the Products will pass foregoing indemnification provision states Seller's entire liability to full force and eff -cr, unless the revision marcrially Chang- the bargain. (f) to Buvcr upon deliver of possession of the products be Seller to Buvcr for the claims described herein. Sellers fa re ilu ail enforce, or Sellers it waer a of breach of, any provision the carrier; provide], hoyveeer, that die to any software INDFAINIPICATION BY BUYER: Bu shall iodetnnitNC defend contained herein shall not constitute a waiver of ;utv other breach or of such incorporated within or forming a part of the Product, shall at all with competent and experienced counsel and hold harmless Seller, its provision. (li) Unless othervisc expressly stated nn the Product ur in the times remain with Seller or the licehsor(s) thereof, as the case mac parent subsidiaries, affiliates and divisions, and their respective documentation accompanving the Product the Product is intended tot be. officers, directors, shareholders and employees, from and against am research only and is not to be used for any other purpose, including ccitlhout VC ARRANY) Seller warrants that the products will operate or and all damages, liabilities, actions, causes of action, suits, claims, limitation, unauthorized commercial uses, in viva diagnostic uses, av tiro or perforin substantially in confomhance with Seller's published demands, losses, costs and expenses (including without limitation in vino therapeutic uses, or any type of consumption by or application to specifications and be free from defects in material and reasonable attorneys' fees and disbursements and court costs) to the humans or animals. (It) Buver agrees that all pricing, discounts and technical workmanship, when subjected to normal, proper and intended extent arising from or in connection with (i) the negligence or willful information that Seller provides to Buvcr arc the confidential and proprietary usage by properiv trained personnel, for the period of riot, set forth misconduct of Buver, its agents, emplovccs, representatives or information of Seller. Buver agrees to (1) k,cp such information confidential in the product documentation, published specifications or package contractors; (it) use of product in combination with equipment or and tart disclose such information to any third park, and (2) use such inserts. If a period of bind is not specified in Seller's product software not supplied by Seller where the Product itself would nor be information solcly for Buyer's internal purposes and in connection with the documentation, published specifications or package inserts, the infringing; (lei) Seller's compliance with designs, specifications ur Products supplied hereunder. Nothing hercin shall restrict the use of warrant period shall be one (1) pear from the date of shipment to instructions supplied to Seller by Buyer; (iv) use of a product in an information a— ilabic to the general public (i) Any notice or communication Buyer O r equipment and ninety (90) dais for all other products (the application (it n me evironnt for which it was nor designed; or (v) required or permitted hereunder shall be in writing and shall b m e detailed W arrant Period Seller agrees during the AA arrang Period, to modifications Of a Product by anyone other rhan Seller without Seller's received ycbell personally delivered or three (3) business dais after being sent repair or replace, at Seller's option, clefectivc Products so as to cause prior written approval. by terrified mail, postage prepaid, to a party at the address specified herein or the same to operate in substantial conformance with said published SOITVC'tARP.: With respect to any software products incorporated in at such other address as either party may from time to time designate to the specifications; provided Char Buyer shall (a) promptly notify Seller in or forming it parr of rile Products hereunder, Seller and Buyer intend other. writing upon the discovery of any defect which notice shall include and agree that such software products arc being licensed and not sold, the product model and serial number (if applicable) and eletails of and that the words "purchase "sell" or similar or derivative words arc VOUCHER 096639 WARRANT ALLOWED 97251 IN SUM OF FISHER SCIENTIFIC 440371 DEPT 440371 13551 COLLECTIONS CTR DR CHICAGO, IL 60693 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 9433340 01- 7202 -05 $2,447.08 9433340 01- 7202 -05 $2.75 Voucher Total $2,449.83 ,Cost distribution ledger classification if yclaim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)' ACCOUNTS PAYABLE VOUCHER' CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where A performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 97251 FISHER SCIENTIFIC 440371 Purchase Order No. DEPT 440371 Terms 13551 COLLECTIONS CTR DR Due Date 10/23/2009 CHICAGO, IL 60693 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/23/200 9433340 $2,449.83 hereby certify that the attached invoice(s), or bill(s) is (are) true and :orrect and I have audited same in accordance wit IC 5- 111- 10 -1.6 Date Officer