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<br />'1IJV/YY <br /> <br />156. <br /> <br />TRANSFER OF DICTAPHONE RECORDERS <br /> <br />Parties and Purpose <br /> <br />1.1. The City of San Marcos ,Texas (Public Agency) provides 9-1-1 emergency <br />telephone communications in accordance with a Strategic Plan developed by the Capital Area <br />Planning Council (CAPCO) and approved by the Texas Advisory Commission on State <br />Emergency Communications. CAPCO has purchased Dictaphone recorders using emergency <br />service fees paid to CAPCO by the exchange earners. These recorders are owned by CAPCO, <br />but are in the possession of and used by the Public Agencies. <br /> <br />1.2. CAPCO has agreed to transfer ownership to Public Agency of the recorder(s) used <br />by Public Agency, subject to certain terms and conditions; Public Agency has agreed to accept <br />the transfer; and this transfer document effects the transfer. <br /> <br />Transfer and Effective Date <br /> <br />2.1. For good and valuable consideration, the receipt and sufficiency of which CAPCO <br />acknowledges, CAPCO transfers, bargains, and conveys to Public Agency all of its right, title, <br />and interest in the Dictaphone recorder(s) described in the attached Inventory. CAPCO agrees to <br />deliver to Public Agency all of the operator's and repair manuals in its possession relating to the <br />transferred Dictaphone recorder( s). <br /> <br />2.2. Public Agency accepts the transferred Dictaphone recorder(s) as is and subject to the <br />terms and conditions set out below. When a particular Dictaphone recorder is disposed of in <br />accordance with paragraph 8.2, it is no longer subject to the terms and conditions set out below. <br /> <br />2.3. The transfer takes effect on the date this transfer document is signed on behalf of <br />CAPCO. <br /> <br />Warranties <br /> <br />3.1. CAPCO warrants that it has good and merchantable title to the Dictaphone <br />recorder(s) transferred, and that there are no liens Qr encumbrances on the recorder(s). <br /> <br />3.2. CAPCO assigns to Public Agency all manufacturers' warranties on the transferred <br />Dictaphone recorder(s) that are still in force. CAPCO agrees to deliver to Public Agency all <br />documentation in its possession relating to the manufacturers' warranties still in force. <br /> <br />3.3. THE WARRANTIES DESCRIBED IN PARAGRAPHS 3.1 AND 3.2 ARE IN <br />LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE <br />IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR <br />PURPOSE. <br />