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<br />Indemnification; Owner/Owner's Representative will indemnify and hold Minnesota Playground, Inc., dba, Minnesota Wisconsin Playground (MWP), <br />harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of Owner/Owner's Representative's <br />negligence or noncompliance with any of its commitments under this document. MWP will indemnify and hold Owner/Owner's Representative <br />harmless for all claims, damages and related costs, including reasonable legal fees and costs, arising out of MWP's negligence or noncompliance <br />with any of its commitments under this document. <br /> <br />Excusable Delays/Additional Costs: MWP, and/or its affiliates, shall be liable for default unless delay of performance, whether supplying materials <br />only or including installation in accordance with our project scope, is caused by an occurrence beyond reasonable control of MWP, and/or its <br />affiliates, such as, but not limited to, acts of Superior Force or the public enemy, acts of Government in either its sovereign or contractual capacity, <br />fire, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers (for transportation of goods whether <br />raw materials or finished product) and attainability of raw materials. Such events resulting in additional costs are not included in quoted amounts <br />and shall be the responsibility of the Owner/Owner's Representative. Any additional costs shall be provided in writing for purchaser's records and <br />shall be due upon payment of invoice. <br /> <br />This quotation is subject to polices in the current GameTime Park and Playground catalog and the following terms and conditions. Our quotation is <br />based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess <br />of $1,000.00 to be supported by your written purchase order made out to GameTime, c/o Minnesota/Wisconsin Playground. <br /> <br />Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and GameTime, terms and <br />conditions of this quotation shall be as outlined herein with no other requirements applicable. <br /> <br />Any changes made to product and/or services after initial order(s) has/have been received by GameTime will result in production and/or schedule <br />time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. <br /> <br />Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated <br />pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if <br />applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. <br /> <br />Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, <br />credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any <br />or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax <br />supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be <br />invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. <br /> <br />Unless already on file, please include a tax exempt certificate upon order entry whether a tax supported government agency or other. <br /> <br />GameTime Standard Product Shipment: order shall ship within eight to ten weeks after GameTime's receipt and acceptance of your purchase order, <br />color selections, approved submittals, and receipt of deposit, if required. Receipt of anything other than what is stated herein will not constitute an <br />order and therefore no materials will be placed into production nor installation, if required, will be scheduled. <br /> <br />EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather <br />allowing. Bulk material will ship via semi-truck/trailer with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area <br />provided proper access is available. Driver has final say whether the site has proper access. Site restoration is not included and will be the <br />responsibility of the owner/owner's representative. Road restrictions may be in effect and cause delays depending on time of year. <br /> <br />Freight charges: Prepaid & added <br /> <br />Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of <br />equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage <br />provisions. <br />Minnesota / Wisconsin Playground <br />5101 Highway 55, Suite 6000 <br />Golden Valley, Minnesota 55422 <br />Ph. 800-622-5425 | 763-546-7787 <br />Fax 763-546-5050 | jong@mnwiplay.com <br /> <br />CONSULTANT: JON GILBERTSON <br />08/08/2023 <br />Quote # <br />103876-01-03 <br />Silver Point Park - St. Anthony, MN - D11864G - M <br />Page 3 of 4