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standards or regulations. In no event, shall Seller be liable for special, incidental or consequential damages <br /> however arising ii) clonnection with the sale of the equipment. <br /> Buyer's initW <br /> Seller's initiA ?Y. <br /> Buyer shalldefend, indemnify and hold the Seller, its affiliates, directors, officers, employees and agents <br /> harmless-against all claims, demands or action (including, without limitation, any and all claims, demands or <br /> actions for death or personal injury or property damages, and any and all costs and expenses arising out of the <br /> same relating to any claim pertaining to the personal property or use of the personal property. <br /> Buyer releases and indemnifies Seller for any and all damages, liabilities, costs and judgments as a result of <br /> third party action brought against the Seller arising out of the use of personal property by Buyer or any of its <br /> agents. Title to and risk of loss of the personal property shall pass to Buyer upon delivery of the personal <br /> property to Buyer. <br /> Seller shall not be liable for the failure to perform due to a contingency beyond its reasonable control <br /> including,but not limited to acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, <br /> government laws, ordinances, axles and regulations. <br /> "An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to <br /> California air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions <br /> From In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated <br /> Turnover requirements to reduce emissions of air pollutants."For more information,please visit California <br /> Air Resources Board website at bgp://www.arb.ca.gov/dieseltruck," <br /> Buyer's Initial Date <br /> Seller' Initial —�'� Date * <br /> The parties agree to transfer title on at the designated address of the Seiler. <br /> This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and <br /> personal representatives. <br /> This agreement constitutes the entire agreement with respect to the subject matter and supersedes all prior oral <br /> or written representations and agreements. Seiler makes no other representations or agreements <br /> IN WITNESS WHEREOF, the Seller and Buyer have executed this agreement on the date executed below. <br />