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CODA AUTOMOTIVE, INC.
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CODA AUTOMOTIVE, INC.
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Last modified
10/21/2013 11:35:42 AM
Creation date
1/19/2012 3:00:02 PM
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Contracts
Company Name
CODA AUTOMOTIVE, INC.
Contract #
N-2011-156
Agency
FINANCE & MANAGEMENT SERVICES
Destruction Year
0
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INSURANCE NOT REQUIRED N-2011-156 <br />WORK MlAY PROCEED <br />CLERK OF COUNGL <br />DATE. ? AN 1 9 2p12 <br />VEHICLE FLEET TESTING AGREEMENT <br />THIS AGREEMENT is entered into as of the 16th day of December, 2011 between CODA <br />Automotive, Inc., a corporation organized and existing under the laws of the state of Delaware <br />("CODA"), and City of Santa Ana ("Evaluator"). <br />WHEREAS, in order to assess the suitability of the 2012 model CODA sedan vehicle for the <br />fleet buyer market, CODA desires to provide Evaluator with the Vehicles (defined below) in <br />order that Evaluator may perform testing and analysis related to the quality, performance and <br />suitability of the CODA vehicle. <br />WHEREAS, Evaluator desires to operate the Vehicles, to perform the testing described herein, to <br />assess suitability of the Subject Vehicles for fleet ownership and to report the results of the <br />foregoing to CODA. <br />CODA and Evaluator hereby agree as follows: <br />1. Subiect Vehicles and Term. CODA shall make the vehicles identified by the four (4) <br />digit serial number and described on Exhibit A hereto (the "Vehicles") available to <br />Evaluator for a period of 7-14 days; provided, however, that CODA may retrieve the <br />Vehicles or replace any Vehicle at any time upon two (2) days notice to Evaluator. <br />Evaluator understands that the Vehicles are not production level and that final validation <br />testing and regulatory certification has not yet been completed. CODA shall retain <br />ownership of the Vehicles at all times throughout the term of this Agreement and the <br />performance of the Services (defined below). <br />2. Testine. Evaluator shall perform the testing, evaluation and reporting services as <br />described in (a) the log book delivered with each Vehicle and (b) the testing report <br />requests accessible to Evaluator on the CODA web portal or call center, in accordance <br />with the specific instructions given to Evaluator upon commencement of the testing <br />period (the "Services"). Evaluator will notify CODA when any Vehicle odometer has <br />reached 7500 miles. <br />3. Testing Report. Evaluator will compile requested evaluation information in the log book <br />for evaluation reporting and will return the completed log book to CODA upon expiration <br />of the Term. In addition, Evaluator will complete regular testing report requests online <br />through the CODA web portal or through the call center, as specified by CODA, on a <br />weekly basis. In the event Evaluator will be testing a Vehicle for a period of less than <br />one week, Evaluator will complete the regular testing report within 2 days of completing <br />the testing. <br />4. Data Collection Device. The Vehicles may be equipped with a data collection device to <br />capture various types of data required by CODA to evaluate the vehicle testing results. <br />5. Insurance. <br />a. Evaluator agrees that it maintains and shall continue to maintain throughout the
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