User Agreement
INTRODUCTION:
Welcome to the Salt River Project Investment Recovery Services site. By using the services available from the domain https://ir.srpnet.com (the “Site”), you are agreeing to the following terms (this “Agreement” or “User agreement”) with Salt River Project (“SRP”). If you have questions, please refer to the Contact section on the Site.
USING THE SITE:
As part of this Agreement:
• You affirm that you are able to form legally binding contracts, are over the age of 18, and have never been suspended from the Site.
• You agree that you will not distribute viruses or any other technologies that may harm the Site.
• You agree that you will not collect or attempt to collect information about other users, including without limitation email addresses.SRP (or the third-party host of the Site) may limit, suspend, or terminate services of the Site and accounts, prohibit access to the Site, and take technical steps to keep users off the Site if users are creating problems or otherwise violating this Agreement.
• You acknowledge that no property will be held on reserve for potential purchase.
• You acknowledge that all auctions will start and end in Arizona time.
• You warrant that, if your bid on property listed on the Site is on behalf of an entity or another individual, you are duly authorized and have full power to execute a purchase for such entity or individual.
• You agree that, if your bid on property is the winning bid, you (or the entity on whose behalf you made the winning bid or the other individual on whose behalf you made the winning bid) will pay the high-bid price for such purchased property (the “Goods”). Retracting bids is not allowed on the Site.
FEES AND SERVICES:
Registering on the Site and bidding on property listed is free.A 10% premium will be added to the final invoice for the winning bid.
TERMS OF SALES. Notwithstanding any inconsistent or additional terms that may be embodied in any purchase order or other documents submitted on behalf of the buyer of the Goods (whether such buyer is you, an entity on whose behalf you made the winning bid, or another individual on whose behalf you made the winning bid) (“Buyer”), SRP’s sale of the Goods is made only on the express condition that Buyer assent to the terms contained in this Agreement and Buyer having the winning bid shall constitute assent to such terms.
WARNING OF HAZARDS. Buyer recognizes that the Goods may constitute explosive, flammable, toxic, or otherwise hazardous materials or that such material may have been used in or have come in contact with the Goods. BUYER EXPRESSLY ASSUMES ALL RISK OF AND RESPONSIBILITY FOR INJURY OR DAMAGE TO THE BUYER OR OTHERS (OR THEIR RESPECTIVE PROPERTY) BASED ON OR ARISING OUT OF POSSESSION, HANDLING, DISMANTLING, TRANSPORTATION, STORAGE, INSTALLATION, MAINTENANCE, OPERATION, OR USE BY BUYER OR BY OTHERS OF ANY SUCH GOODS FOR ANY PURPOSE WHATSOEVER. Buyer agrees to give warning of all possible hazards to any others to whom Buyer resells, gives, or delivers the Goods or to whom Buyer can reasonably foresee may be exposed to their hazards.
INSPECTION. Buyer has inspected the Goods, or hereby acknowledges SRP’s recommendation that the Goods be inspected and refuses to go examine them, and agrees that the Goods are hereunder sold as is and with all faults. The description of the Goods is correct to the best of SRP’s knowledge, but this does not constitute a warranty or representation that the Goods shall conform to such description. The description is for the sole purpose of identifying the Goods for sale. SRP recommends Buyer’s on- site inspection to verify details.
WARRANTY LIMITATIONS. Goods are sold “As Is, Where Is” in their present location. SRP warrants title to the Goods, but MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO MERCHANTABILITY, CONDITION, VALUE, QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO GOODS, whether the Goods are used alone or in connection with other substances, materials, equipment, or items.
CLAIMS AND LIMITATION OF LIABILITY. All claims against SRP arising out of the sale of the Goods shall be barred unless filed in writing with SRP within ninety (90) days of the date of this Agreement. SRP’s liability for claims of Buyer shall be limited to the refund of the purchase price received for the Goods subject to Buyer’s return of the Goods to SRP. In no event and under no circumstances shall SRP be liable for special, indirect, incidental, or consequential damages.
HAZARDS LIABILITY. Buyer’s responsibility in connection with the Goods shall commence upon delivery to the carrier, pick-up, or commencement of dismantling by Buyer, whichever occurs first.Buyer shall indemnify and hold harmless (and, at SRP’s option, also defend) SRP and members of its governing bodies, its officers, agents, and employees (the “Indemnified Parties”) from and against any liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs, and expenses (including without limitation cost of defense and settlement and reasonable attorney’s fees) whatsoever arising from or growing out of possession, handling, dismantling, transportation, storage, installation, maintenance, operation, or use by Buyer or by others of the Goods.Buyer’s obligations in the immediately foregoing sentence shall extend to indemnify and hold harmless (and, at SRP’s option, also defend) the Indemnified Parties where they are allegedly concurrently negligent with Buyer, any subcontractor or supplier of Buyer, or any of the directors, officers, partners, members, managers, agents, servants, or employees of Buyer, or of its subcontractors or suppliers, in causing or contributing to the liability causing event, but shall not extend to any liability that has been judicially determined to have been caused by the sole negligence of the Indemnified Parties.
INSURANCE AND SAFETY RULES. If Buyer (or its subcontractor) is to pick up the Goods or perform dismantling or other work on property owned or controlled by SRP, Buyer (or, as applicable, its subcontractor) shall insure each individual engaged upon the work for the compensation provided for by, and shall strictly comply with, each and every statute applicable thereto with respect to Workmen’s Compensation and Employer’s Liability insurance and public liability insurance of a reputable and financially responsible insurance company, properly safeguarding Buyer and SRP against liability for injuries to persons, including without limitation injuries resulting in death, in amounts acceptable to SRP, and shall furnish in advance to SRP written certificates from insurance carriers establishing that said insurance for such individuals and said public liability insurance have been procured and are being properly maintained, and that the premiums related thereto are paid, and specifying the names of the insurers and the respective policy numbers and expiration dates. Buyer (or, as applicable, its subcontractor) shall cause such individuals (i) to comply with SRP’s safety rules while on SRP’s property (with Buyer being responsible for any failure to so comply) and (ii) to execute and deliver to SRP such related forms and releases as SRP shall require in connection therewith. For the avoidance of doubt, Buyer shall be responsible for any failure by its subcontractor to comply with this Section.
TAXES. Buyer shall pay the amount of any tax or other charge now or hereafter imposed upon, with respect to, or measured by the sale, shipment, or price of any of the Goods.
LABELS. The presence of any logos, trademarks, inscriptions, labels, distinctive markings, or designs of SRP or any of its affiliates on the Goods or on any packaging material thereof shall in no way limit, alienate, transfer, or otherwise diminish any rights of SRP or any of its affiliates in such logos, trademarks, inscriptions, labels, distinctive markings, or designs whether by copyright, trademark, patent, or otherwise. Buyer shall remove any and all logos, trademarks, inscriptions, labels, distinctive markings, and designs which may appear on the Goods or on any packaging material thereof and shall refrain from making use of any such logos, trademarks, inscriptions, labels, distinctive markings, or designs. For the avoidance of doubt, Buyer shall not resell the Goods unless any and all logos, trademarks, inscriptions, labels, distinctive markings, and designs which may appear on the Goods or on any packaging material thereof have first been removed.
FORCE MAJEURE. Delivery may be suspended by either Buyer or SRP in case of act of God, war, riot, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any other cause beyond the reasonable control of such party, preventing the shipment, pick-up, or dismantling of the Goods.
ASSIGNMENT. Buyer may not assign its rights or obligations or delegate its performance hereunder without the prior written consent of SRP; any attempted assignment or delegation without such consent shall be void.
PAYMENT. Buyer must contact SRP within seventy-two (72) hours of auction end and make arrangements for payment at that time. If no contact is made within the stated timeframe or Buyer otherwise fails to make timely payment, SRP may re-list the Goods free of any interest to Buyer, sell the Goods to the next highest bidder free of any interest to Buyer, otherwise sell the Goods free of any interest to Buyer, or retain the Goods free of any interest to Buyer. Payment shall be accepted by wire transfer (please see wire transfer instructions), cashier’s check, or money order. Personal checks will not be accepted unless Buyer has made advance arrangements with SRP. Cash, credit cards, and debit cards will not be accepted under any circumstances.
PICK-UP. Buyer shall be responsible for Goods pick-up or arranging shipping of the Goods from SRP’s premises at Buyer’s expense during SRP’s normal business hours in accordance with arrangements that Buyer makes with SRP within seventy-two (72) hours of Buyer paying the purchase price for the Goods.If the Goods are not so removed from SRP’s premises by the agreed upon time, (i) SRP may treat the Goods as being abandoned by Buyer (and, for the avoidance of doubt, SRP may retain the purchase price paid for the Goods) and (ii) SRP may make other arrangements with Buyer for the removal of the Goods, remove the Goods at Buyer’s expense, sell the Goods to another individual or entity free of any interest to Buyer, or retain the Goods free of any interest to Buyer.
WARRANTIES BY BUYER. Buyer warrants that Buyer shall not by any action or other means cause or allow the Goods to be associated with SRP or any of its affiliates for any purpose whatsoever.
GOVERNING LAW. This Agreement is to be construed according to the laws of the State of Arizona, without regard to conflicts of law principles. Any action, suit, or proceeding arising out of or relating to this Agreement shall be initiated and prosecuted in a state or federal court of competent jurisdiction located in Maricopa County, Arizona, and Buyer and SRP irrevocably submit to the jurisdiction of any such court.
NOTICE. Notices shall be served on SRP at: SRP Investment Recovery, PO Box 52025, KYS102, Phoenix, AZ 85072-2025. SRP shall serve notice at Buyer’s address provided at registration.
ENTIRE AGREEMENT. This Agreement constitutes the full understanding of Buyer and SRP with respect to the Goods and the Site (provided that the SRP Website Terms & Conditions and the SRP Privacy Policy (both of which can be accessed via the Site) also apply with respect to the Site), and all prior communications or agreements concerning the Goods or the Site are hereby declared suspended by this Agreement.
AMENDMENTS. SRP may amend this Agreement at any time by emailing the amended terms to Buyer. All amended terms automatically take effect thirty (30) days after they are initially emailed to Buyer. For the avoidance of doubt, if SRP updates the terms of this User agreement as provided for on the Site but does not so email Buyer, the terms of this Agreement as originally agreed to by Buyer (or as previously amended by SRP in accordance with this Section) shall continue to apply as to Buyer.
COMPLIANCE WITH A.R.S. § 35-393.01 AND A.R.S. § 35-394. Buyer acknowledges that, because Salt River Project Agricultural Improvement and Power District is a political subdivision of the State of Arizona, Salt River Project Agricultural Improvement and Power District and this Agreement are subject to the conditions and requirements of A.R.S. § 35-393.01 and A.R.S. § 35- 394.
In accordance with A.R.S. § 35-393.01, Buyer certifies that, as of the date of this Agreement, it is not engaged in, and agrees that for the duration of this Agreement it will not engage in, a boycott of goods or services from Israel.
In accordance with A.R.S. § 35-394, Buyer certifies that, as of the date of this Agreement, it does not use, and agrees that for the duration of this Agreement it will not use, (i) the forced labor of ethnic Uyghurs in the People’s Republic of China, (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China, or (iii) any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Buyer acknowledges its obligations under A.R.S. § 35-394(B) and that this Agreement may terminate automatically in accordance with that Section.
MISCELLANEOUS. If requested by SRP, Buyer shall cooperate and sign any reasonable further documentation regarding the sale of the Goods (including without limitation a bill of sale).
Buyer and SRP each hereby irrevocably waives any requirement to comply with the provisions of any bulk sales, bulk transfer, or similar laws of any jurisdiction that may otherwise be applicable with respect to the sale of the Goods.
Buyer shall ensure that any use of the Goods is in accordance with the intended purpose for which they were manufactured.
To the extent applicable, Buyer shall not (and shall not permit a third party to) take possession, handle, dismantle, transport, store, install, maintain, operate, or use the Goods until SRP has deactivated/disconnected any electrical current to the Goods (or SRP has had any such electrical current deactivated/disconnected).
To the extent applicable, Buyer is responsible for determining and securing any land rights which may be required regarding the Goods and hereby releases SRP from any liability relating thereto (including without limitation the inability to secure such land rights).
Any remedy provided for in this Agreement is cumulative and non- exclusive and is in addition to any remedies available at law or in equity.
Section headings are for reference only and are not a part of this Agreement.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid, binding, and enforceable under applicable law, but if any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, the provision shall be unenforceable only to the extent expressly so held, without affecting the remainder of the provision or the remaining provisions of this Agreement. Buyer and SRP shall negotiate in good faith to agree upon legal, valid, and enforceable substitute provisions to carry out the purposes and intent of any such unenforceable provision.
To the fullest extent permitted by law, Buyer and SRP each hereby irrevocably waives any and all rights to a trial by jury and covenants and agrees that it will not request a trial by jury, with respect to any legal proceeding arising out of or relating to this Agreement.
Buyer and SRP acknowledge that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Welcome to the Salt River Project Investment Recovery Services site. By using the services available from the domain https://ir.srpnet.com (the “Site”), you are agreeing to the following terms (this “Agreement” or “User agreement”) with Salt River Project (“SRP”). If you have questions, please refer to the Contact section on the Site.
USING THE SITE:
As part of this Agreement:
• You affirm that you are able to form legally binding contracts, are over the age of 18, and have never been suspended from the Site.
• You agree that you will not distribute viruses or any other technologies that may harm the Site.
• You agree that you will not collect or attempt to collect information about other users, including without limitation email addresses.SRP (or the third-party host of the Site) may limit, suspend, or terminate services of the Site and accounts, prohibit access to the Site, and take technical steps to keep users off the Site if users are creating problems or otherwise violating this Agreement.
• You acknowledge that no property will be held on reserve for potential purchase.
• You acknowledge that all auctions will start and end in Arizona time.
• You warrant that, if your bid on property listed on the Site is on behalf of an entity or another individual, you are duly authorized and have full power to execute a purchase for such entity or individual.
• You agree that, if your bid on property is the winning bid, you (or the entity on whose behalf you made the winning bid or the other individual on whose behalf you made the winning bid) will pay the high-bid price for such purchased property (the “Goods”). Retracting bids is not allowed on the Site.
FEES AND SERVICES:
Registering on the Site and bidding on property listed is free.A 10% premium will be added to the final invoice for the winning bid.
TERMS OF SALES. Notwithstanding any inconsistent or additional terms that may be embodied in any purchase order or other documents submitted on behalf of the buyer of the Goods (whether such buyer is you, an entity on whose behalf you made the winning bid, or another individual on whose behalf you made the winning bid) (“Buyer”), SRP’s sale of the Goods is made only on the express condition that Buyer assent to the terms contained in this Agreement and Buyer having the winning bid shall constitute assent to such terms.
WARNING OF HAZARDS. Buyer recognizes that the Goods may constitute explosive, flammable, toxic, or otherwise hazardous materials or that such material may have been used in or have come in contact with the Goods. BUYER EXPRESSLY ASSUMES ALL RISK OF AND RESPONSIBILITY FOR INJURY OR DAMAGE TO THE BUYER OR OTHERS (OR THEIR RESPECTIVE PROPERTY) BASED ON OR ARISING OUT OF POSSESSION, HANDLING, DISMANTLING, TRANSPORTATION, STORAGE, INSTALLATION, MAINTENANCE, OPERATION, OR USE BY BUYER OR BY OTHERS OF ANY SUCH GOODS FOR ANY PURPOSE WHATSOEVER. Buyer agrees to give warning of all possible hazards to any others to whom Buyer resells, gives, or delivers the Goods or to whom Buyer can reasonably foresee may be exposed to their hazards.
INSPECTION. Buyer has inspected the Goods, or hereby acknowledges SRP’s recommendation that the Goods be inspected and refuses to go examine them, and agrees that the Goods are hereunder sold as is and with all faults. The description of the Goods is correct to the best of SRP’s knowledge, but this does not constitute a warranty or representation that the Goods shall conform to such description. The description is for the sole purpose of identifying the Goods for sale. SRP recommends Buyer’s on- site inspection to verify details.
WARRANTY LIMITATIONS. Goods are sold “As Is, Where Is” in their present location. SRP warrants title to the Goods, but MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO MERCHANTABILITY, CONDITION, VALUE, QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO GOODS, whether the Goods are used alone or in connection with other substances, materials, equipment, or items.
CLAIMS AND LIMITATION OF LIABILITY. All claims against SRP arising out of the sale of the Goods shall be barred unless filed in writing with SRP within ninety (90) days of the date of this Agreement. SRP’s liability for claims of Buyer shall be limited to the refund of the purchase price received for the Goods subject to Buyer’s return of the Goods to SRP. In no event and under no circumstances shall SRP be liable for special, indirect, incidental, or consequential damages.
HAZARDS LIABILITY. Buyer’s responsibility in connection with the Goods shall commence upon delivery to the carrier, pick-up, or commencement of dismantling by Buyer, whichever occurs first.Buyer shall indemnify and hold harmless (and, at SRP’s option, also defend) SRP and members of its governing bodies, its officers, agents, and employees (the “Indemnified Parties”) from and against any liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs, and expenses (including without limitation cost of defense and settlement and reasonable attorney’s fees) whatsoever arising from or growing out of possession, handling, dismantling, transportation, storage, installation, maintenance, operation, or use by Buyer or by others of the Goods.Buyer’s obligations in the immediately foregoing sentence shall extend to indemnify and hold harmless (and, at SRP’s option, also defend) the Indemnified Parties where they are allegedly concurrently negligent with Buyer, any subcontractor or supplier of Buyer, or any of the directors, officers, partners, members, managers, agents, servants, or employees of Buyer, or of its subcontractors or suppliers, in causing or contributing to the liability causing event, but shall not extend to any liability that has been judicially determined to have been caused by the sole negligence of the Indemnified Parties.
INSURANCE AND SAFETY RULES. If Buyer (or its subcontractor) is to pick up the Goods or perform dismantling or other work on property owned or controlled by SRP, Buyer (or, as applicable, its subcontractor) shall insure each individual engaged upon the work for the compensation provided for by, and shall strictly comply with, each and every statute applicable thereto with respect to Workmen’s Compensation and Employer’s Liability insurance and public liability insurance of a reputable and financially responsible insurance company, properly safeguarding Buyer and SRP against liability for injuries to persons, including without limitation injuries resulting in death, in amounts acceptable to SRP, and shall furnish in advance to SRP written certificates from insurance carriers establishing that said insurance for such individuals and said public liability insurance have been procured and are being properly maintained, and that the premiums related thereto are paid, and specifying the names of the insurers and the respective policy numbers and expiration dates. Buyer (or, as applicable, its subcontractor) shall cause such individuals (i) to comply with SRP’s safety rules while on SRP’s property (with Buyer being responsible for any failure to so comply) and (ii) to execute and deliver to SRP such related forms and releases as SRP shall require in connection therewith. For the avoidance of doubt, Buyer shall be responsible for any failure by its subcontractor to comply with this Section.
TAXES. Buyer shall pay the amount of any tax or other charge now or hereafter imposed upon, with respect to, or measured by the sale, shipment, or price of any of the Goods.
LABELS. The presence of any logos, trademarks, inscriptions, labels, distinctive markings, or designs of SRP or any of its affiliates on the Goods or on any packaging material thereof shall in no way limit, alienate, transfer, or otherwise diminish any rights of SRP or any of its affiliates in such logos, trademarks, inscriptions, labels, distinctive markings, or designs whether by copyright, trademark, patent, or otherwise. Buyer shall remove any and all logos, trademarks, inscriptions, labels, distinctive markings, and designs which may appear on the Goods or on any packaging material thereof and shall refrain from making use of any such logos, trademarks, inscriptions, labels, distinctive markings, or designs. For the avoidance of doubt, Buyer shall not resell the Goods unless any and all logos, trademarks, inscriptions, labels, distinctive markings, and designs which may appear on the Goods or on any packaging material thereof have first been removed.
FORCE MAJEURE. Delivery may be suspended by either Buyer or SRP in case of act of God, war, riot, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any other cause beyond the reasonable control of such party, preventing the shipment, pick-up, or dismantling of the Goods.
ASSIGNMENT. Buyer may not assign its rights or obligations or delegate its performance hereunder without the prior written consent of SRP; any attempted assignment or delegation without such consent shall be void.
PAYMENT. Buyer must contact SRP within seventy-two (72) hours of auction end and make arrangements for payment at that time. If no contact is made within the stated timeframe or Buyer otherwise fails to make timely payment, SRP may re-list the Goods free of any interest to Buyer, sell the Goods to the next highest bidder free of any interest to Buyer, otherwise sell the Goods free of any interest to Buyer, or retain the Goods free of any interest to Buyer. Payment shall be accepted by wire transfer (please see wire transfer instructions), cashier’s check, or money order. Personal checks will not be accepted unless Buyer has made advance arrangements with SRP. Cash, credit cards, and debit cards will not be accepted under any circumstances.
PICK-UP. Buyer shall be responsible for Goods pick-up or arranging shipping of the Goods from SRP’s premises at Buyer’s expense during SRP’s normal business hours in accordance with arrangements that Buyer makes with SRP within seventy-two (72) hours of Buyer paying the purchase price for the Goods.If the Goods are not so removed from SRP’s premises by the agreed upon time, (i) SRP may treat the Goods as being abandoned by Buyer (and, for the avoidance of doubt, SRP may retain the purchase price paid for the Goods) and (ii) SRP may make other arrangements with Buyer for the removal of the Goods, remove the Goods at Buyer’s expense, sell the Goods to another individual or entity free of any interest to Buyer, or retain the Goods free of any interest to Buyer.
WARRANTIES BY BUYER. Buyer warrants that Buyer shall not by any action or other means cause or allow the Goods to be associated with SRP or any of its affiliates for any purpose whatsoever.
GOVERNING LAW. This Agreement is to be construed according to the laws of the State of Arizona, without regard to conflicts of law principles. Any action, suit, or proceeding arising out of or relating to this Agreement shall be initiated and prosecuted in a state or federal court of competent jurisdiction located in Maricopa County, Arizona, and Buyer and SRP irrevocably submit to the jurisdiction of any such court.
NOTICE. Notices shall be served on SRP at: SRP Investment Recovery, PO Box 52025, KYS102, Phoenix, AZ 85072-2025. SRP shall serve notice at Buyer’s address provided at registration.
ENTIRE AGREEMENT. This Agreement constitutes the full understanding of Buyer and SRP with respect to the Goods and the Site (provided that the SRP Website Terms & Conditions and the SRP Privacy Policy (both of which can be accessed via the Site) also apply with respect to the Site), and all prior communications or agreements concerning the Goods or the Site are hereby declared suspended by this Agreement.
AMENDMENTS. SRP may amend this Agreement at any time by emailing the amended terms to Buyer. All amended terms automatically take effect thirty (30) days after they are initially emailed to Buyer. For the avoidance of doubt, if SRP updates the terms of this User agreement as provided for on the Site but does not so email Buyer, the terms of this Agreement as originally agreed to by Buyer (or as previously amended by SRP in accordance with this Section) shall continue to apply as to Buyer.
COMPLIANCE WITH A.R.S. § 35-393.01 AND A.R.S. § 35-394. Buyer acknowledges that, because Salt River Project Agricultural Improvement and Power District is a political subdivision of the State of Arizona, Salt River Project Agricultural Improvement and Power District and this Agreement are subject to the conditions and requirements of A.R.S. § 35-393.01 and A.R.S. § 35- 394.
In accordance with A.R.S. § 35-393.01, Buyer certifies that, as of the date of this Agreement, it is not engaged in, and agrees that for the duration of this Agreement it will not engage in, a boycott of goods or services from Israel.
In accordance with A.R.S. § 35-394, Buyer certifies that, as of the date of this Agreement, it does not use, and agrees that for the duration of this Agreement it will not use, (i) the forced labor of ethnic Uyghurs in the People’s Republic of China, (ii) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China, or (iii) any contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Buyer acknowledges its obligations under A.R.S. § 35-394(B) and that this Agreement may terminate automatically in accordance with that Section.
MISCELLANEOUS. If requested by SRP, Buyer shall cooperate and sign any reasonable further documentation regarding the sale of the Goods (including without limitation a bill of sale).
Buyer and SRP each hereby irrevocably waives any requirement to comply with the provisions of any bulk sales, bulk transfer, or similar laws of any jurisdiction that may otherwise be applicable with respect to the sale of the Goods.
Buyer shall ensure that any use of the Goods is in accordance with the intended purpose for which they were manufactured.
To the extent applicable, Buyer shall not (and shall not permit a third party to) take possession, handle, dismantle, transport, store, install, maintain, operate, or use the Goods until SRP has deactivated/disconnected any electrical current to the Goods (or SRP has had any such electrical current deactivated/disconnected).
To the extent applicable, Buyer is responsible for determining and securing any land rights which may be required regarding the Goods and hereby releases SRP from any liability relating thereto (including without limitation the inability to secure such land rights).
Any remedy provided for in this Agreement is cumulative and non- exclusive and is in addition to any remedies available at law or in equity.
Section headings are for reference only and are not a part of this Agreement.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid, binding, and enforceable under applicable law, but if any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, the provision shall be unenforceable only to the extent expressly so held, without affecting the remainder of the provision or the remaining provisions of this Agreement. Buyer and SRP shall negotiate in good faith to agree upon legal, valid, and enforceable substitute provisions to carry out the purposes and intent of any such unenforceable provision.
To the fullest extent permitted by law, Buyer and SRP each hereby irrevocably waives any and all rights to a trial by jury and covenants and agrees that it will not request a trial by jury, with respect to any legal proceeding arising out of or relating to this Agreement.
Buyer and SRP acknowledge that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
