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<br />6. It is further t'nderstood by the purchaser that TEXAS CANI~E, <br />I~C. cannot be held resl iible for said dog's personal. its. <br /> <br />7. If within twelve (I2) months from the date of purchase, said <br />dog fails to perform services as described in section four (4) the <br />purchaser may elect to: <br />(a.) return said dog to TEXAS CANINE, I~C. for performance <br />problem correction and additional handler training or, <br />(b.) obtain d replacement dog. <br /> <br />8. It is understood by the purchaser that TEXAS CAXIXE, INC. <br />cannot be held responsible for performance failure after the first twelve <br />month period from the date ~hich the dog was purchased. <br /> <br />9. It is understood by the purchaser that TEXAS CANINE, INC. will <br />replace said dog with a dog not older than 3 years of age and not less <br />than I year of age or within six (6) months of the age of the dog returned <br />for replacement; and said replacement dog ~ill be of the same value as the <br />purchase price stated herein unless otherwise noted as <br />follows: <br /> <br />10. The purchaser agrees that if said dog is euthenized in lieu of <br />return to TEXAS CAXIXE, IXC., the replacement guarantee described in <br />section eight (8) is null and void and TEXAS CANINE, IXC. will be under no <br />obligation whatsoever to replace said dog. <br /> <br />11. The purchaser agrees and understands that TEXAS CANINE, INC. <br />liability for any error in evaluation of said dog's health and/or degree <br />of training at time of sale shall not exceed performance problem <br />correction or replacement of said dog within the first twelve (12) month <br />period after purchase and in no ~ay whatsoever shall TEXAS CANINE, INC. be <br />liable for any loss of income, profit, or any consequential damage of any <br />nature whatsoever. <br /> <br />12. It is expressly agreed on and understood between TEXAS CANINE, <br />INC. and the purchaser that nothing herein contained shall render TEXAS <br />CANINE, INC. or its employees, servants, successors and assigns liable for <br />any damages or injuries caused to persons, property or other animals by <br />said dog or any replacement dog and the purchaser herein waives any claim <br />he mayor could have against TEXAS CANINE, IXC. for and by reason of any <br />damages or dog. Purchaser further agrees to hold TEXAS CANINE, INC. <br />harmless from any and all liability whatsoever in connection with any <br />claims to include cost of litigation and attorneys' fees incurred in the <br />defense thereof. TEXAS CAXINE, INC. shall be entitled to attorney's fees <br />and costs in any action to enforce the provisions of this agreement. <br /> <br />In witness th~reo}slf~s CAXIN~IXC. an~ purchaser have signed this <br />aggreement thIS . 'th-na} oL~Et.. . ,19m.. <br /> <br />- <br /> <br />TEXAS ~AXr~E, IXCORPORATrn <br /> <br />, . <br /> <br />, - - <br />In Kitness thereol, "the purchaser has herunto set his hand. <br />Eric S, Clifford, Mayor <br /> <br />ATTEST: <br /> <br />Signed, and delivered in the presence of ~itness <br />Mattie Cunningham, City Clerk <br />