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UTILITY POLE AGREEMENT <br />This Agreement is made this _ day of , 20_, by and between Elk River <br />Municipal Utilities ("ERMU") and ("Buyer"). <br />Whereas ERMU is the owner of used utility poles; and <br />Whereas Buyer desires to acquire from ERMU used utility poles; <br />Whereas, as a condition to the transfer of said utility poles to Buyer, ERMU requires <br />Buyer to execute this Agreement. <br />NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, <br />the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: <br />1. NO WARRANTIES OF ERMU: "AS-IS" PURCHASE BUYER HEREBY <br />ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD AMPLE OPPORTUNITY TO <br />INSPECT AND EVALUATE THE PHYSICAL CHARACTERISTICS OF THE USED UTILITY <br />POLES, AND HAS INDEPENDENTLY DETERMINED THE POLE(S) IS ACCEPTABLE IN ALL <br />RESPECTS TO BUYER. BUYER FURTHER ACKNOWLEDGES AND AGREES BUYER IS <br />ACCEPTING THE USED UTILITY POLES "AS-IS" AND "WHERE-IS", "WITH ALL FAULTS" <br />WITHOUT RELYING UPON ANY REPRESENTATION OR WARRANTIES WITH RESPECT TO <br />THE POLES MADE BY ERMU, ITS AGENTS, EMPLOYEES OR INDEPENDENT <br />CONTRACTORS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES <br />THAT ERMU HAS MADE NO EXPRESS OR IMPLIED REPRESENTATIONS OR <br />WARRANTIES WITH RESPECT TO THE USED UTILITY POLES OR ANY CONDITION <br />THEREOF. <br />2. INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold <br />harmless ERMU, against any and all claims, demands, damages, cost and expenses, including <br />attorneys' fees incurred on ERMU's behalf, arising out of the loading, transporting, and use of <br />the used utility poles including any and all costs associated with the use, handling, storage, <br />release or disposal of any Hazardous Substances. <br />3. USE. Buyer warrants and represents that Buyer will not erect the used utility pole <br />4. ENTIRE AGREEMENT. This Agreement contains the entire understanding <br />between the parties with respect to the purchase and use of the used utility poles by the Buyer <br />and supersedes all prior agreements and understandings between the parties with respect to <br />such purchase. <br />ELK RIVER MUNICIPAL UTILITIES BUYER <br />BY <br />Its: <br />Printed Name <br />Address: <br />Phone #: <br />C:\DOCUMENTS AND SETTINGS\VANCE\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT-OUTLOOK\SVSCRW361UTILITY POLE SALE AGREEMENT V2.DOC <br />