Nationwide Mutual/CPD
NationwideMutllal
CPD
Donation
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APPROVED. A.STO
FORM,BY:t5-
Contract No, 7874
AGREEMENT
1. SCOPE
This Agreement ("Agreement") constitutes the agreement.py and between the City
of Carmel Board of Public Warks and Safety on behalf of the Carmel Police
Department, Three Civic Square, Carmel, Indiana 46032 (hereinafter "Recipient"),
and Nationwide Mutual Insurance Company, One Nationwide Plaza, Columbus,
Ohio 43215-2220 (hereinafter "Nationwide"), made this Eday of
~ ,1997.
Subject to the terms and conditions contained herein, Nationwide.agrees to donate
tD Recipient, for gDod and valuable consideration received, the used equipment
(hereinalter "Equipment") listed on Exhibit A as attached hereto and made a part
hereof by this reference.
2. RISK OF LOSS
Risk ofloss shall pass to Recipient immediately upon receipt of the Equipment.
3. INDEMNIFICA nON
Recipient shaH indemnify, defend and hold Nationwide harmless from any and all
claims, action5, suits, proceedings, costs, expenses, damages and liabilities,
including attorney fees, arising out of, connected y;>ith or resulting from the use,
ownership, control, or disposal of the Equipment by Recipient after title to the
Equipment has passed to Recipient
4. WARRANTIES
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN,
NATIONWIDE MAKES NO REPRESENTATIONS ORWARRANTIES OF
l\..W KIND,EXPRESS OR ThiJPLIED,WlTH RESPECT TO THE _
CONDIDTION, DESIGN OR PERFORMANCE OF THE EQUIPMENT, AND
EXCLUDES WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTIBlLITY OR FITNESS FOR A PARTICULAR PURPOSE
EXCEPT AS OTHERWISE Sl'EClFICALL Y PROVIDED HEREIN THE
EQUIPMENT IS DONATED ON AN "AS IS"BASIS, AND NATIONWIDE
SHAU, AFTER TITLE HAS PASSED TO RECIPIENT, HA VB NO
LIABILITY TO RECIPlENT FOR ANY CLATIvl BY RECIPIENT FOR LOSS
OR DAMAGE TO RECIPIENT OF A.1\fY KIND OR NATURE vVHATSOEVER
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE
DEFICIENCY OR INADEQUACY OF THE EQUIPMENT FOR ANY
PURPOSE, ANY DEFICIENCY OR DEFECT IN THE EQUIPMENT, THE
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POwERAND "AUTIrOiITY Torn"IE;;' INTO AND -PERFoRM-rills - - -~~
AGREEMENT, AND 11m PERSON SIGNING THIS AGREElYlENT ON BEHALF OF
EACH HAS BEEN PROPERLY AUTHORIZED AND EMPoWERED TO ENTER
INTO THIS AGREEMENT.
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