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N-ZO~o-ors <br />MAR - ~ ~~;p <br />O: Fire t z~ <br />~`~{i~~,' ~~I~t~ ~`~ SCOTT HEALTH & SAFETY <br />A SCOTT TECHNOLOGIES COMPANY <br />IN-HOUSE REPAIR CENTER AGREEMENT <br />This In-House Repair Center Agreement ("Agreement") is made this 2nd day of <br />February 2010, by and between Scott Health & Safety, a division of Scott Technologies, Inc., a <br />Delaware corporation, located at 4320 Goldmine Road, Monroe, NC 28110 ("Scott"), and City <br />of Santa Ana Fire Department located at 120 W. Walnut, Santa Ana, CA 92701 (the "IRC"). <br />WITNESSETH <br />WHEREAS, Scott has developed and manufactures a series of health and safety products, <br />accessories, and replacement parts (collectively, the "Scott Products"); and <br />WHEREAS, the IRC has purchased and owns certain of the Scott Products; and <br />WHEREAS, the IRC, as an independent entity, desires to perform certified overhaul level <br />inspection, repair, and service to such Scott Products owned by the IRC; and <br />WHEREAS, Scott desires to appoint the IRC as an authorized center for inspection repair <br />and service of such Scott Products owned by the IRC, subject to all of the conditions of this <br />Agreement, and the IRC desires to serve in such capacity. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein and for <br />other good and valuable consideration, the IRC and Scott agree as follows: <br />ARTICLE I <br />APPOINTMENT OF THE IRC <br />1.0 Appointment <br />Subject to the following terms and conditions, Scott hereby grants the IRC the right to <br />inspect, repair, and service the Scott Products set forth in Exhibit A attached hereto that are <br />owned by the IRC. Exhibit A, which is incorporated by reference, may be amended from time to <br />time by Scott at Scott's sole discretion; and any such amendment shall be deemed to have been <br />included on Exhibit A as if originally set forth herein. <br />1.1 Authorized Service <br />The IRC acknowledges that it may not operate as an in-house repair center or authorized <br />service center for any other entity owning or using Scott Products. <br />1.2 Sub-Contracted Services <br />IRC shall not appoint or otherwise purport to authorize anyone else to act as an in-house <br />repair center, representative or agent of Scott to perform certified overhaul level inspection, <br />repair or service to Scott Products without the express written consent of Scott. The IRC hereby <br />acknowledges the extreme health and safety risks potentially posed to users who do not receive <br />