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Date: September 11, 2019 Project Name: Elk River YAC Youth Baseball Project # 131024 <br />Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer <br />getting paid by the Owner/End User. <br />Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims <br />asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the <br />entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement <br />accompanying that payment. <br />The Total Price was calculated utilizing parameters outlined in the project specifications. In the event <br />soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be <br />responsible for Musco's additional associated costs, including but not limited to the cost of design, <br />alternate foundations, additional materials, and labor. <br />12. TAXES — Buyer shall pay all applicable state and local sales taxes, use or any similar tax invoiced <br />appropriately by Musco. <br />❑ Taxable ® Non -Taxable (Copy of resale or exemption certificate must be attached. <br />Note: Just holding a sales tax permit does not, in and of itself, <br />qualify for a non-taxable sale.) <br />13. PAYMENT/PERFORMANCE BONDING — Is there a bond on this project? ❑ Yes ® No <br />Principal Bond Holder: <br />Bonding Company Name: <br />Bonding Company Address: <br />Bonding Company Address <br />Phone Number: <br />Bond Number: <br />14. DELIVERY — Normal delivery to the shipping address indicated above is 4 to 6 weeks after submittal <br />approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall <br />prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. <br />Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" <br />paragraph of this Agreement. <br />All deliveries shall be made by means of a common carrier or some other reasonable means chosen <br />by Musco. All risk of loss to Equipment sold shall pass to Buyer upon delivery by Musco of such <br />Equipment to the shipping location indicated above. <br />Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay <br />performance or delivery at any time pending receipt of assurances, including full or partial <br />prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of <br />Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract <br />without further liability or obligation to Buyer. <br />15. NO RETAINAGE/WARRANTY — Buyer acknowledges payment in full is required within the agreed <br />terms. Warranty claims and back charges shall not be deducted from contract payments without <br />prior approval of Musco's Warranty Department (800-825-6020). Musco's Equipment and its <br />performance are sold subject to Musco's written warranty. The Warranty provided by Musco shall be <br />in lieu of all other representations, warranties and conditions of any kind, in respect of the Equipment <br />or the Services and Musco disclaims any other representation, warranty or condition whatsoever, <br />whether written or oral, express or implied, statutory or otherwise, including, but not limited to, the <br />implied warranties and conditions of merchantability and fitness for a particular purpose. <br />0OInitials ® 1999.2019 Musca Sports Lighting, LLC • M-1010-enUS46 <br />Musco. .. . . <br />Page 3 of 5 <br />