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FiRE RaLmEs INC] <br /> Steel Fire Training Towers <br /> SALE CONTRACT - STRUCTURE <br /> This Agreement is entered into on September 4. 2007 at Sun Prairie, Wisconsin, by and between <br /> Fire Facilities Inc., a Wisconsin corporation, with its principal place of business at 216 Wilbur Road, <br /> Sun Prairie, Wisconsin, 53590 (hereinafter "Seller") and (name of business) <br /> Indian River County F1re Department, with its principal place of business at (address) 1500 Old Dixie <br /> H' wa (city) vera Beach, (state) FL , (ziP) 32960 (hereinafter `Buyer"). <br /> In consideration of the mutual promises, covenants and conditions hereinafter contained, the <br /> parties hereto agree as follows: The payment of the purchase price, in full, shall be paid within <br /> 30 days of shipping. <br /> Seller reserves the right to restrict the terns of payment or to require payment prior to time of <br /> shipment if, in the Seller's opinion, Buyer' s financial conditions or other circumstances do not <br /> warrant shipment on the terms specified in the previous sentence. <br /> 1 . Increase in Price. (a) All prices are delivered prices based upon freight rates in effect on the date <br /> of this Agreement, and , in the event the Buyer delays the shipment from the agreed upon ship <br /> date, any increase or decrease in freight rates at time of shipment shall be adjusted between the <br /> parties. The Purchase Price shall be increased or decreased to the extent of the actual difference <br /> in the cost of transportation (b) In the event the Buyer delays the shipment from the agreed upon <br /> ship date and there is an increase in the price of steel prior to the date on which the materials <br /> described in Section 26 are fabricated, the Purchase Price shall be increased to the extent of the <br /> actual difference in Seller' s cost of steel. Notwithstanding the foregoing sentences, the Purchase <br /> Price specified in Section 25 is a firm price for a period not to exceed 30 days past the agreed <br /> upon date of shipment. <br /> 2. Delivery. Seller shall not be liable for any failure to deliver, if failure has been occasioned by <br /> fire, embargo, strike, differences with workers, failure to secure materials from the usual source <br /> of supply, or any other circumstances beyond Seller's control which shall prevent Seller from <br /> making the delivery contemplated hereby in the normal and usual course of its business. Seller is <br /> not, however, thereby relieved from making shipment or Buyer from accepting delivery at the <br /> price specified by this Agreement when the causes interfering with delivery shall have been <br /> removed. <br /> 3 . Taxes. Except as otherwise provided in this Agreement, the Purchase Price includes all <br /> applicable federal, state, and local taxes in effect on the effective date of this Agreement. In the <br /> case of new taxes or increased rates or the repeal of taxes or the reduction of rates, from the time <br /> of order the Purchase Price shall be adjusted accordingly at the time of shipment. <br /> 4. Exclusions from Agreement. Buyer acknowledges and agrees that this Agreement is solely for <br /> the sale and purchase of the materials described in Section 26 and that this Agreement and the <br /> Purchase Price do not include the following: <br /> a. Erection or installation of the materials being purchased by Buyer pursuant hereto; <br /> b. Slabs, foundations, or any site work necessary to prepare Buyer's site for erection of the <br /> materials being purchased pursuant hereto; <br /> C. Anchors or other materials required to secure the completed structure to the foundation; <br /> d. Material or design changes required if the soils conditions are found to be worse than Site <br /> Class D; and <br /> e. Any certificates, permits or approvals required by applicable law. <br /> 5 . Financial Resnonsibility. Prior to Seller's acceptance of this Agreement, Buyer shall submit to <br /> Seller a copy of Buyer's credit application showing proof of financial responsibility acceptable to <br /> Seller or a Municipal or State purchase order. <br /> 4225.sff.0807 <br /> Page 1 of 4 <br />