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C."Program" is that certain program operated by COLLEGE and titled the San <br />Jacinto Fire Training Academy. <br />II. <br />PURPOSE <br />The purpose of thisAgreement is to provide for the transfer of a certain Fire <br />Engine to the COLLEGE for the specific purpose of use in the Program run by COLLEGE. <br />III. <br />TERMS, RIGHTS, OBJECTIVES AND DUTIES OF THE PARTIES <br />The following shall apply to the Parties in the performance of this Agreement: <br />A.CITY shall upon execution of this Agreement transfer all rights and title to <br />the Fire Engine to COLLEGE. <br />B.COLLEGE agrees to take the Fire Engine in its present condition, "as is, where <br />is", and agrees that CITY is providing no warranties including any warranty <br />of merchantability or fitness for use. <br />C.COLLEGE agrees that the Fire Engine for a period of five (5) years shall only <br />be used for the Program and if COLLEGE fails to do so then the Fire Engine <br />will be transferred back to CITY. If the failure of COLLEGE to use the Fire <br />Engine in the Program for five (5) years is because of the inability of the <br />Fire Engine to function, due to no intentional act of COLLEGE, then this <br />provision shall not apply. <br />D.COLLEGE agrees that after transfer it will take all rights and <br />responsibilities of ownership, including all future maintenance and repairs <br />of the Fire Engine. <br />E.COLLEGE shall have the right to dispose of the Fire Engine in any lawful manner <br />if the requirement of SectionIII(C) above has been met or if the Fire Engine <br />becomes unusable for the Program due to no intentional act of COLLEGE. <br />IV. <br />NO VERBAL AGREEMENT <br />This Agreement contains all the terms, commitments and covenants of the <br />Parties pursuant to this Agreement. Any verbal or written commitment not contained <br />in this Agreement or expressly referred to in this Agreement and incorporated by <br />reference shall have no force or effect. <br />V. <br />AGREEMENT INTERPRETATION AND VENUE <br />The Parties covenant and agree that in any litigation relating to this <br />Agreement, the terms and conditions of the Agreement will be interpreted according <br />to the laws of the State of Texas and venue shall be proper exclusively in Harris <br />County, Texas. <br />VI. <br />CAPTION <br />2 <br /> <br />