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<br />EM-111 <br />PURCHASE AGREEMENT – SINGLE UNIT HGAC <br /> <br />This Purchase Agreement (together with all attachments referenced herein, the “Agreement”), made and entered <br />into by and between MacQueen Equipment, LLC., as Delaware corporation DBA MacQueen Emergency <br />(“MacQueen”), and the City of Elk River (“Customer”), a Minnesota Municipality effective as of the date specified <br />in Section 3 hereof. <br /> <br /> <br />1. Definitions <br /> <br />a. “Product” means the fire apparatus and any associated equipment furnished for the Customer by <br />MacQueen, pursuant to the specifications. <br /> <br />b. “Specifications” means the general specifications, technical specifications, orientation, and testing <br />requirements for the Product contained in the MacQueen Proposal for the Product prepared in response to <br />the Customer’s request for proposal. <br /> <br />c. “MacQueen Proposal” means the proposal provided by MacQueen attached as Exhibit C prepared in <br />response to the Customer’s request for proposal. <br /> <br />d. “Delivery” means the date MacQueen is prepared to make physical possession of the Product available to <br />the Customer. <br /> <br />2. Purpose <br /> This Agreement sets forth the terms and conditions of MacQueen’s sale of the Product to the Customer. <br /> <br />3. Term of Agreement <br /> This Agreement will become effective on the date it is signed and approved by MacQueen’s authorized <br /> representative pursuant to Section 20 hereof (“Effective Date”) and, unless earlier terminated pursuant to the <br /> terms of this Agreement, it will terminate upon the Customer’s Acceptance and payment in full of the Purchase <br /> Price. <br /> <br />4. Purchase and Payment <br /> The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of <br /> $737,444 (“Purchase Price”). Prices are in US Funds. <br /> <br />5. Agreement Changes <br /> The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the <br /> Products by delivering a change order to MacQueen; provided, however, that any such change order must be <br /> in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the <br /> feasibility of such change (“Change Order”). Within seven (7) business days of receipt of a Change Order, <br /> MacQueen will inform the Customer in writing of the feasibility of the Change Order, the earliest possible <br /> implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from <br /> such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. <br /> MacQueen shall not be liable to the Customer for any delay in performance or Delivery arising from any such <br /> Change Order. A Change Order is only effective when counter signed by MacQueen’s authorized <br /> representative. <br /> <br /> <br />1 <br /> <br />