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2008-322
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2008-322
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Last modified
2/6/2026 1:20:48 PM
Creation date
10/1/2015 12:42:09 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/23/2008
Control Number
2008-322
Agenda Item Number
15.B.4
Entity Name
Recycle Tech Corporation
Subject
EPS Processing /Equipment Sub-Lease Agreement
Styrofoam Recycling
Area
SWDD
Supplemental fields
SmeadsoftID
7623
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6. Disclaimer. <br />a. Operator disclaims any and all warranties, whether expressed or implied, <br />fitness for use and/or merchantability, as to all Extruded EPS Material produced by and <br />through RecycleTech's Extruding Machine. <br />b. Operator shall have no liability or responsibility for the shipped EPS material <br />once the EPS material leaves Operator's premises. <br />7. Representations by RecycleTech. RecycleTech represents and warrants to <br />Operator as follows: <br />a. The Extruding Machine is capable of converting all of Operator's packing EPS <br />material into Extruded EPS Material; and <br />b. The Extruding Machine satisfies all minimum safety and design requirements <br />imposed by Government and Industry standards; and <br />c. During the term of this Agreement, the Extruding Machine shall be capable of <br />performance for the intended use; and <br />d.. Operation of the Extruding Machine does not violate patent rights, nor any <br />federal, state, municipal, local or city ordinance(s) and/or statute(s); and <br />e.. RecycleTech's personnel, involved in the training of the proper operation of <br />the Extruding Machine, are qualified and knowledgeable to teach the proper and <br />adequate operation of the Extruding Machine; and <br />L RecycleTech shall promptly comply with all obligations of this Agreement. <br />g.. RecycleTech is the lawful owner of the Extruding Machine provided via state <br />grant to Operator, and the Extruding Machine is free from all encumbrances. <br />8. Exclusions from Warranty. Notwithstanding the foregoing, the following items <br />are excluded from any warranty/service agreement by RecycleTech: <br />a. Bearings, v -belts, switches, buttons, belt replacement, machine greasing, <br />clearing of material jams, and cleaning of machine. <br />b. Operational misuse shall not be covered by any warranties/service agreement. <br />Any and all materials other than EPS that are put through this machine can potentially <br />damage the unit or cause a foreign object to become lodged inside the extruder or <br />damage the crusher and/or associated blades. <br />9. Further Obligations.... <br />By Operator: Operator agrees to: <br />a. Pay for all utilities associated with the production of the Extruded EPS <br />Material; and <br />b. Purchase any of the Extruding Machine wearable parts, including but not <br />limited to, bearings, v -belts, switches and/or buttons required for the operation of the <br />Extruding Machine; and <br />c. Provide general maintenance for the Extruding Machine, including but not <br />limited to, Machine greasing on a monthly basis, belt replacement, as needed, clearing <br />jammed material and general cleaning; and <br />
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