4.1. ERMUSR 12-17-2019 - Laserfiche WebLink

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UTILITY POLE AGREEMENT This agreement is made this ____ day of ___________________, 20____, by and between Elk River Municipal Utilities Whereas ERMU is the owner of used utility poles; and Whereas Buyer desires to acquire from ERMU______________________used utility poles; Whereas, as a condition to the transfer of said utility poles to Buyer, ERMU requires Buyer to execute this Agreement. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.- BUYER HEREBY ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD AMPLE OPPORTUNITY TO INSPECT AND EVALUATE THE PHYSICAL CHARACTERISTICS OF THE USED UTILILTY POLES, AND HAS INDEPENDTLY DETERMINED THE POLE(S) IS ACCEPTABLE IN ALL RESPECTS TO BUYER. BUYER FURTHER ACKNOWLEDGES AND AGREES BUYER IS ACCEPTING --IS WITHOUT RELYING UPON AN REPRESENTATIO OR WARRANTIES WITH RESPECT TO THE POLES MADE BY ERMU, ITS AGENTS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES THAT ERMU HAS MADE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USED UTILITY POLES OR ANY CONDITION THEREOF. 2.IDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold harmless ERMU, against any and all claims, demands, damages, cost and expenses, including transporting, and use of the used utility poles including any and all costs associated with the use, handling, storage, release or disposal of any Hazardous Substances. 3.USE. Buyer warrants and represents that Buyer will not burn or erect the used utility pole. 4.ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties with respect to the purchase and use of the used utility poles by the Buyer and supersedes all prior agreements and understandings between the parties with respect to such purchase. 64