- 5 - Janet R. Griffiths in the face amount of One Million Dollars ($1,000,000.00) and will name the lending institution(s) holding liens on the equipment involved herein as beneficiary(ies) in the amount necessary to pay such liens. * * * * * * * 5. The parties further agree that, they will execute such other and further documents as are reason- ably necessary to effect the sales and transfers con- templated herein. Pursuant to the agreement, Mr. Enyart selected $300,000 worth of certain assets owned by B&L (B&L equipment) as consider- ation for his covenant not to compete with B&L. (We shall refer to Mr. Enyart’s covenant not to compete with B&L as Mr. Enyart’s covenant.) On August 20, 1992, pursuant to paragraph 5 of the agreement, Mr. Enyart and B&L entered into a “BILL OF SALE AND CONVEYANCE” (bill of sale and conveyance) which effected the transfer of the B&L equipment from B&L to Mr. Enyart. The bill of sale and conveyance provided in pertinent part: FOR VALUE RECEIVED, B & L Utility Contractors, Inc., an Ohio corporation (B&L), hereby BARGAINS, SELLS, CONVEYS, ASSIGNS and TRANSFERS unto William R. Enyart (Enyart) all items of equipment, including but not limited to motor vehicles, which are set forth on the list attached hereto and made a part hereof, marked as “Attachment A”, subject to the following terms and conditions: 1. Enyart is fully familiar with each item herein conveyed and accepts same in an “as is, where is” condition, without warranty whether express or implied. 2. Enyart shall be fully responsible for and pay any and all cost and expense involved directly or indirectly in the conveyance, transfer and titling of such items, including but not limited to sales orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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