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(UCC) Secured Transactions provisions as adopted by the Commonwealth of Virginia. In addition, Atlantic shall be entitled to
<br />recovery from Customer all of Atlantic's reasonable attorneys' fees and all costs of collection resulting frorn non-payment or
<br />other non-perfori-nance hereunder by Customer.
<br />5. Delivery, Insnection and Acceptance. (a) D live , It is estimated that the Ambulance shall be ready fbr delivery F.O.B.
<br />(Macedonia Service Center) within 180-210 days frorn the receipt of chassis, subject to delays caused by the Customer, delays
<br />caused by Change Order(s) or delays provided for in Paragraphs Three (3) above and/or Eleven (11) below. The stated delivery
<br />date is an estimate only and is not guaranteed. Atlantic shall advise Customer when the Ambulance is ready for delivery. (b)
<br />fnspeqAion and Accentance. Upon delivery, Customer shall have fifteen (15) days %ithin which to inspect the Ambulance for
<br />substantial conformance to the Specifications. In the event of substantial and material non-conformance to the Specifications,
<br />Customer shall furnish Atlantic with written notice sufficient to permit Atlantic to evaluate such non-conformance ("Notice of
<br />Defect") within said fifteen (15) day period. If the Ambulance is not in substantial and material conformance with the
<br />Specification,,, any material and substantial defects shall be remedied by Atlantic within thirty (30) days from the Notice of
<br />Defect. In the event Atlantic does not receive a Notice ol'Defect within fifteen (15) days of Delivery, the Ambulance shall be
<br />deemed to be in conformance with the Specifications and fully accepted by Customer.
<br />6. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or
<br />to such other address as either part), may substitute by written notice to the other in the manner contemplated herein, by one of'
<br />the following methods: 1) hand delivery; 2) roglstcrcd, express, or certified mail, postage prepaid, return receipt requested; or 3)
<br />nationally -recognized commercial overnight courier.
<br />Atlantic Emergency Solutions, Inc. Customer
<br />Director of'Order Management North Olmsted Fire Dcoartment/Citv of North Olmsted
<br />12351 Randolph Ridge Lane
<br />Manassas, Virginia 20109 24291 Lorain Road
<br />North Olm5ted. 01144070
<br />7. Warranty. Any applicable warranty or warranties are attached hereto as Exhibit B (collectively, the "Warranty") and made a
<br />part hereof. Any additional warranties must be expressly approved in writing by Atlantic.
<br />8. Disclaimer of Additional Warranties. OTHER THAN AS EXPRESSLY 8FTFORTI-I IN PARAGRAPH SEVEN (7) ABOVE
<br />AND EXHIBIT B TO THIS AGRI-7ENTENT, ATLANTIC(AS WELL AS ITS SUPPLIERS), THEIR PARENT COMPANIES,
<br />AFFIIJXIIS, SUBSIDIAR(vs, l"ICI--moRS OR SUPPLIT'RS, THEIR RESPFCTIVE OFFICERS,
<br />I,AIPI,OYI?Fs, S;1AREIRADERS, NIIAMBERS, NIAN'AGkR'S, A(3ENTS AND RIsPRESFNTATINIYES MAKF NO
<br />WARRANTIES, WRITTEN OR 0101, EXPRESS OR IMPLIED, EITHER IN FACT OR By OPERATION OF LAW, 13Y
<br />S'l 'VTUTF OR OTHERWISE. FURTHERMORF, ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL,
<br />1.\I)RkYOR INCLUDING BUT NOT 1,Pyll111) TO ANY W.ARR'ANTY OF QUAL11Y, ININIED
<br />\\'AkKANJ'y 0I, M114"l11NTABILITY, IM111,11,1) WARRANTY AGAINST INFRIN(wrEMENT, AND IMPLI11)
<br />W H)k ANYVARTICIITR III.iRPOSE1, AKEI I "XPRFSSLY I;XCI,UDI-,D AND 1 1LAINII D.
<br />CUS'R)MER FURTHER ACKNOWLEDOES THAT STATEMUNTS MADE BY SALES RF",PRESFNTATIVI,1S OR IN'
<br />9, Fxclusions of Incidental and Conscouential Dan1dQ0. IN No IA*l ,N I SHALT, ATI, \\'HU ( OR ITS SLJPPLWf6) III'.
<br />11,'01111 '10 CUSTOLMER, I`0R ANY CONSEQUE.NTIAL OR IN(Alk:N IAI, Im (�RRIJ) BY C'USIT"NIER
<br />1,()SS ov usi-,, l'oss 01,13usIN1,Ss ol'i, vm) (w Pw,*rls)
<br />aS A KI, 1,0 11' OF ANY IIRFIACI I OFTI IIS AGREEMENT, WI IFTI 11 A A R NI XG U\'DI R II 11,( )Rll:� ()I IW,I�ACJ I OF
<br />(-"(1')'NJRA(1'T� ISI'RICT LIABILITY, STATUAV)RY LIA1311,11Y, IIRI-`\( 11 OF J?XI'RkSS OR IMPLIED W!\RRA'NTY,
<br />M,'XA,IG,I-NCI-1, TORT OR 0TIfliR\VlSF1.
<br />10. Indemnity. To the extent permitted by law, Customer shall indemnify, defend and hold harmless Atlantic and all of its
<br />officers, directors, employees, representatives, dealers, agents and subcontractors, from and against any and all claims, costs,
<br />judgments, liabilities, losses, daruages, attorneys' fees and expenses of any kind or nature whatsocvQr (including, but without
<br />limitation, relating to personal injury or death) caused by, resulting from, arising Out of or 000-Urriti-, directly or indirectly, in
<br />connection with Customer's purchase, operation, ownership, installation or use of any items (including, without limitation, the
<br />Ambulance) sold or Supplied by Atlantic, except only to the extent solely caused by the gross negligence ol'Atlantic.
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