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6. It is further understood by the purchaser that TEXAS CANINE, INC. cannot be held responsible for said dog's personal habits. 7. If within twelve (12) months from the date of purchase, said dog fails to perform services as described in section four .(4) the purchaser may elect to: (a.) return said dog to TEXAS CANINE, INC. for performance problem correction and additional handler training or, (b.) obtain a replacement dog. 8. It is understood by the purchaser that TEXAS CANINE, INC. cannot be held responsible for performance failure after the first twelve month period from the date which the dog was purchased. 9. It is understood by the purchaser that TEXAS CANINE, INC. will replace said dog with a dog not older than 3 years of age and not less than 1 year of age or within sit (6) months of the age of the dog returned for replacement; and said replacement dog will be of the same.calue as the purchase price stated herein unless otherwise noted as follows: 10. The purchaser agrees that if said dog is euthenized in lieu of return to TEXAS CANINE, INC., the replacement guarantee described in section eight (8) is null and void and TEXAS CAN'ItiE, INC, will be under no obligation whatsoever to replace said dog. 11. The purchaser agrees and understands that TEXAS CANINE, INC. liability for any error in evaluation of said dog's health and /or degree of training at time of sale shall not exceed performance problem correction or replacement of said dog within the first twelve (12) month period after purchase and in no way whatsoever shall TEXAS CANTINE, INC. be liable for any loss of income, profit, or any consequential damage of any nature whatsoever. 12. It is expressly agreed on and understood between TEXAS CANINE, INC. 'and the purchaser that nothing herein contained shall render TEXAS CANINE, INC. or its employees, servants, successors and assigns liable for any damages or injuries caused to persons, property or other animals by said dog or any replacement dog and the purchaser herein waives any claim he may or could have against TEXAS CANINE, INC. for and by reason of any damages or dog. Purchaser further agrees to hold TEXAS CANINE, INC. harmless from any and all liability whatsoever in connection with any claims to include cost of litigation and attorneys' fees incurred in the defense thereof. TEXAS CANINE, INC. shall be entitled to attorney's fees and costs in any action to enforce the provisions of this agreement. In witness thereof TEXAS CANIti INC. and purchaser have signed this aggreement this. av of. 19, ATTEST: TEXAS CANINE, INCORPORATED In witness thereoT, The, purchaser has herunto set his hand. Eric S, Clifford, Mayor Signed, and delivered in the presence of witness IMattie Cunningham, City Clerk Resolution No. 90 -003 authorizing and directing the City Attorney, T. K. Haynes, to offer the appraised amount for property needed for the Pro Rata 12" Water Line Extension Highway 271 North Project, was presented. A motion was made by Councilman Booth, seconded. by Councilman Davidson for approval of the resolution. The motion carried 6 ayes, 0 nays.