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<br />In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated by the City of <br />Elk River before completion, MacQueen may charge a cancellation fee. The following charge schedule based on <br />costs incurred may be applied: <br /> <br />a. 10% of the Purchase Price after order is accepted and entered by Pierce; <br />b. 20% of the Purchase Price after completion of the approval drawings; <br />c. 30% of the Purchase Price upon any material requisition. <br /> <br />The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering <br />and into manufacturing. MacQueen endeavors to mitigate any such costs through the sale of such product to <br />another purchaser; however, the customer shall remain liable for the difference between the purchase price and, <br />if applicable, the sale price obtained by MacQueen upon sale of the product to another purchaser, plus any costs <br />incurred by MacQueen to conduct such sale. <br /> <br />To ensure the above stated terms and conditions are understood and adhered to, MacQueen requires an <br />authorized individual from the purchasing organization to sign and date this proposal and include it with any <br />purchase order. <br />Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by <br />the City of Elk River. The terms and acceptance of this proposal will be governed by the laws of the state of <br />Minnesota. Venue of any claim regarding this proposal will lie in the county Customer is located. <br />No additional terms or conditions will be binding upon MacQueen unless agreed to in writing and signed by a duly <br />authorized officer of MacQueen. <br /> <br /> <br /> <br />Sincerely, <br />MACQUEEN EMERGENCY <br /> <br /> <br />By Daniel Corcoran <br /> <br /> <br />I, ______________________________, the authorized representative of the City of Elk River, agree to purchase <br />one (1) 2022 Pierce Quantum Top Mount Pumper and agree to the terms of this proposal. <br /> <br />_______________________________________________ _______________________ <br />Signature Date <br /> <br /> <br /> <br />9 <br /> <br />