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<br />OWNER - DISTRIBUTORfMANUFACTURER <br /> <br />AGREEMENT <br /> <br />Contract No. 2008 - 04 <br /> <br />THIS AGREEMENT, made this 11 day of July, A.D., 2007, between the Kodiak Island <br />Borough, acting by and through its Borough Manager, party of the first part, and Cascadia <br />International, LLC of Anchorage, AK, hereinafter called the Distributor. <br /> <br />WITNESSETH: That the Distributor, for and in consideration of the payment or payments <br />herein specified and agreed to by the party of the first part, hereby covenants and agrees to <br />furnish a 2008 International Dump Truck for the Kodiak Island Borough per the Premium <br />Specifications [part of the Contract Documents] for same and for the sum of Ninety-four <br />thousand four hundred and fifty eight Dollars ($94,458.00) plus trade in value of $5,000 for <br />1991 4900 Model International Dump Truck (VIN#IHTSHNZR7NH418504), FOB <br />Whittier Ferry Terminal. <br /> <br />The Distributor further covenants and agrees that the manufacturing of said 2008 International <br />Dump Truck shall be done to the complete satisfaction of the Kodiak Island Borough, subject to <br />inspection at all times and approval by any participating agency of the Government of the United <br />States of America, and in accordance with the laws of the State of Alaska and rules and <br />regulations of said Federal Agency. <br /> <br />The Distributor further covenants and agrees that the manufacturing of said 2008 International <br />Dump Truck shall be done and performed in the best and most workmanlike manner and that all <br />and every of said materials and labor shall be in strict and entire conformity in every respect with <br />the Specifications: that he will abide by and perform all stipulations, covenants, and agreements <br />specified in the Contract Documents, all of which are by reference hereby made a part of this <br />Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by <br />the Borough Manager or his assistant or authorized representative, as defective or unsuitable, <br />then the said materials shall be removed or replaced with other approved materials and the said <br />labor shall be done anew to the satisfaction and the approval of the Borough Manager or his <br />representatives, at the cost and expense of the Distributor. <br /> <br />To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, <br />indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, <br />employees and volunteers and others working on behalf of the Kodiak Island Borough against <br />any and all claims, demands, suits or loss, including all costs connected therewith, and for any <br />damages which may be asserted, claimed or recovered against or from the Kodiak Island <br />Borough, its elected and appointed officials, employees, volunteers or others working on behalf <br />of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death <br />and/or property damage, including loss of use thereof, which arises out of or is in any way <br />connected or associated with this Agreement. <br /> <br />\\Dove\Departments\EF\Baler Facility\RFPs\RFQs\FY2007\Dump Truck Purchase\Agreement Equipment <br />Purchase. FIN AL.doc <br /> <br />Page 1 of 3 <br />