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3.5. ACC's payment under this Agreement shall be made from current revenues legally available <br /> to ACC. <br /> 4. Conditions Precedent <br /> 4.1. The City's obligations under this Agreement are subject to approval by the San Marcos City <br /> Council, anticipated for consideration on or about July 7, 2026, and any other approval required <br /> by City policy or law. <br /> 4.2. ACC's obligations under this Agreement are subject to approval by ACC leadership, ACC <br /> procurement processing, funding availability,issuance of a purchase order, and any other approval <br /> required by ACC policy or law. <br /> 4.3. No Party is obligated to complete the transaction until all required approvals have been <br /> obtained and this Agreement has been signed by authorized representatives of both Parties. <br /> 5. Condition of Apparatus; Inspection; No General Warranty <br /> 5.1.ACC acknowledges that it has had the opportunity to inspect the Apparatus,operate or observe <br /> operation of the Apparatus, and review available maintenance, repair, pump test, and aerial <br /> inspection records provided by the City. <br /> 5.2. The City has provided or made available the records listed in Exhibit B, including: <br /> • Aerial platform performance testing documentation dated October 4, 2025; <br /> • Annual NFPA pump test documentation dated July 15, 2025; and <br /> • Cummins engine repair documentation dated May 31, 2023. <br /> 5.3. The City has disclosed that the Apparatus may have certain minor issues identified before <br /> transfer. Those items, if any, shall be listed in Exhibit D. <br /> 5.4.Except as expressly stated in this Agreement,the Apparatus is sold"AS IS,WHERE IS,WITH <br /> ALL FAULTS," without warranty of condition, fitness for a particular purpose, merchantability, <br /> future serviceability, operational readiness, or continued compliance with any fire apparatus <br /> standard. <br /> 5.5. The City represents only that, at the time of transfer, it will have authority to transfer the <br /> Apparatus and will convey whatever title and ownership interest it has in the Apparatus to ACC, <br /> free of any known liens or encumbrances, unless otherwise disclosed in writing before closing. <br /> 5.6.ACC is responsible for determining whether the Apparatus is suitable for ACC's intended use, <br /> including any training, emergency-services instruction,operational,safety,registration, insurance, <br /> or fleet requirements. <br /> 6. Repairs or Open Items Before Transfer <br />