William R. & Carol Enyart - Page 4




                                        - 4 -                                         
               the Equipment Listing attached hereto as Exhibit A, and                
               shall be valued for transfer and payment purposes                      
               hereunder at One Hundred Fifteen per cent (115%) of the                
               values set forth for the items of equipment selected by                
               ENYART.                                                                
                    (b).  All such equipment is presently subject to                  
               financing liens, and ENYART agrees to accept the trans-                
               fer of such equipment subject to such liens.  B&L will                 
               remain responsible for the payment of all such liens,                  
               as now financed, and shall furnish ENYART with releases                
               of lien when payment has been made and such liens are                  
               released by the financing institution(s).                              
                    (c).  If transfer of such equipment, or any part                  
               thereof, cannot be effected because of objection by the                
               lending institution(s) or otherwise, then ENYART shall                 
               have the use of such equipment, by appropriate lease or                
               other reasonable method, until the financed amounts                    
               shall have been paid by B&L and releases of lien se-                   
               cured, at which time the equipment shall be transferred                
               to ENYART.                                                             
                    (d).  ENYART agrees that he will maintain at his                  
               own cost all insurance required by the lending institu-                
               tion(s) on such equipment, and further agrees that so                  
               long as any of such equipment remains titled to B&L he                 
               will furnish at his own cost liability insurance with a                
               company acceptable to B&L for the benefit of B&L as to                 
               the use of such equipment in minimum amounts equal to                  
               those currently in force for B&L’s benefit, by the                     
               naming of B&L as an additional or named insured on                     
               insurance policies held by ENYART or other effective                   
               manner.  Each such policy shall contain a provision                    
               that it may not be canceled for any reason without                     
               thirty (30) days’ prior written notice to B&L.  ENYART                 
               shall furnish B&L with written certificates of insur-                  
               ance evidencing the above insurance at all times,                      
               containing the above provision.  B&L agrees that it                    
               will pay one-half (�) the cost of liability insurance                  
               in excess of One Million Dollars ($1,000,000.00).                      
                    (e).  ENYART shall be fully responsible for the                   
               payment of all taxes, license fees and similar costs                   
               relating to all equipment and other matters hereunder                  
               on a timely basis, without contribution by B&L.                        
                    (f).  B&L presently holds a policy on the life of                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011