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AGREEMENT BETWEEN BEACON HEALTH SYSTEM AND THE CITY OF SOUTH BEND
<br />POLICE DEPARTMENT
<br />A DONATION OF EQUIPMENT
<br />THIS AGREEMENT for Donation of Equipment (this "Agreement") is made effective this 22nd
<br />day of May 2425 (the "Effective Date") by and between the City of South Bend, Indiana, an Indiana
<br />municipal corporation, by and through its Police Department ("PD") (collectively, the "City"), and Beacon
<br />Health System, an Indiana non-profit corporation, by and through its Memorial Hospital Police
<br />(collectively, "MH").
<br />RECITALS
<br />WHEREAS, the City is a municipal corporation existing and operating in accordance with the laws
<br />of the State of Indiana; and
<br />WHEREAS, MH is an Indiana non-profit corporation organized for charitable, scientific, and
<br />educational purposes, and is qualified as a tax-exempt entity under the Internal Revenue Code; and
<br />WHEREAS, MH provides medical and health services and operates a hospital police department;
<br />and
<br />WHEREAS, the City has a desire to support smaller emergency services departments; and
<br />WHEREAS, donating retired equipment to MH furthers this goal; and
<br />WHEREAS, the City desires to donate retired equipment to MH.
<br />AGREEMENT
<br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, the parties agree as follows:
<br />1. RECITALS. The foregoingrecitals are hereby incorporated into this Agreement as if fully
<br />set forth herein.
<br />2. DONATION. The Donation shall be in the form of seven (7) portable breathalyzer tests
<br />(PBTs)which are retired from PD use. The current value of these donated PBTs is
<br />estimated to total two thousand dollars ($2,000) and there is no cashredemption or claim.
<br />3. TERM OF AGREEMENT. This Agreement terminates upon delivery by PD of the
<br />Donation Amount to MH except that Clauses 4, 5, 6, 7, and 10 will survive and continue
<br />for the life of the PBTs.
<br />4. CONDITION OF DONATION. The Donation is provided to MH "AS IS" and "AS
<br />AVAILABLE" and with all faults and defects without warranty of any kind. To the
<br />maximum extent permitted under applicable law, the City, on its own behalf and on behalf
<br />of its affiliates and its and their respective Iicensors and service providers, expressly
<br />disclaims all warranties, whether express, implied, statutory or otherwise, with respect to
<br />the Donation, including all implied warranties of merchantability, fitness for a particular
<br />purpose, title and non -infringement, and warranties that may arise out of course of dealing,
<br />course of performance, usage or trade practice. Without limitation to the foregoing, the
<br />City provides no warranty or undertaking, and makes no representation of any kind that
<br />the Donation will meet MH's requirements, achieve any intended results, be compatible or
<br />work with any other software, applications, systems or services, operate without
<br />interruption, meet anyperformanc a orreliability standards orbe error free or that any errors
<br />or defects can or will be corrected. Without limiting the foregoing, the City does not make
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