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- SUTPNEN <br />PURCHASE AGREEMENT <br />FOR SUTPHEN FIRE APPARATUS <br />THIS AGREEMENT, made and entered into this —day of ,20_byand <br />between SUTPNEN CORPORATION of Dublin, Ohio, hereinafter called "SUTPNEN" and <br />the North Olmsted Fire Department of North Olmsted Ohio hereinafter called <br />"PURCHASER", <br />WITNESSETH: <br />1. PURCHASE: Purchaser hereby agrees to buy and Sutphen hereby agrees to sell <br />and furnish to Purchaser the apparatus and equipment according to the Sutphen <br />Proposal attached hereto and made a part hereof, and to deliver the same as <br />hereinafter provided. <br />2. PURCHASE PRICE: Purchaser agrees to pay for said apparatus and equipment <br />the total purchase price of Nine hundred a three thousand, Four hundred & seventy-four & 37/100 <br />($903,474.37 ) payable in full upon delivery. <br />Changes to National Fire Protection Association ("NFPA'), Environmental Protection <br />Agency ("EPA") or changes legislated by Federal, State or Local Governments or <br />changes in part availability or vendor relationships that impact the cost to <br />manufacture the truck may also incur additional charges which shall be borne by the <br />purchaser. These may include but are not limited to changes that affect the major <br />vendors of the fire apparatus industry such as pump manufacturer, seat <br />manufacturer, electrical power supplies (generators) and powertrain (engine & <br />transmission). Any such changes shall be memorialized by a signed change order <br />executed by both Sutphen and Purchaser. <br />Sutphen shall provide written notice to Purchaser as soon as it reasonably believes <br />any provision may be invoked. Sutphen shall provide, upon written request, <br />documentation of such changes and increases. <br />3. DELIVERY: The apparatus and equipment being purchased hereunder shall be <br />delivered to Purchaser at Sutphenfactory within <br />approximately 3844 months after the receipt and acceptance of this <br />agreement at Sutphen's office, provided that such delivery date shall be <br />automatically extended for delays beyond Sutphen's control, including, without <br />limitation, strikes, labor disputes, riots, civil unrest, pandemics, war or other military <br />actions, sabotage, government regulations or controls, fire or other casualty, or <br />inability to obtain materials or services. <br />