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Form #995Contract As to Installation of Furniture
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Contract as to
installation of furniture and equipment.
_________ hotel company has entered into an agreement
with A to underwrite and dispose of its _________ bonds, aggregating $_____ in
total principal amount, dated _________, 19__, which are secured by a mortgage
or deed of trust upon the hotel realty in _________, and by a security interest
in the furniture, furnishings, crockery, glass and silverware, carpets,
utensils, screens, window shades, beds, vacuum cleaners and all other chattels
of every description to be located in the hotel and used in connection with it,
except chattels held for sale or consumable in their use, and to the deed of
trust, of record in book _________, pages _________ et seq., in the office of
the recorder of deeds in the County of _________, State of _________, and to
the security interest of record in volume _________ of secured interests, page
_________, in the office of the Secretary of State, State of _________,
specific reference of which is made and made a part of this agreement as fully
as though set forth verbatim in it.
The mortgage or deed of trust on realty provides among
other things: "Owner further covenants and agrees that it will promptly
furnish all moneys necessary in addition to, and prior to, the use of the proceeds
of this bond issue, to complete and furnish the _________ hotel, now being
erected on the property in accordance with the plans and specifications made by
_________, architects, and that it will have them promptly completed and
furnished without interruption or delay in the work, and immediately upon
completion that it will commence, or have commenced, the operation of the
hotel".
_________ hotel company has on hand moneys estimated
as sufficient, in addition to the proceeds of the bonds, to complete the hotel
building but has not now on hand moneys sufficient to furnish the hotel; and
Underwriter, under the terms of underwriting agreement
of _________, 19__, which is referred to and made a part of this agreement as
fully as though set forth verbatim in it, is the custodian of the proceeds of
bond issue and is advised that it should not further make disbursement of
proceeds on erection of hotel unless and until _________ hotel company has in
hand sufficient moneys to furnish hotel building or assurance is given that
furnishings will be absolutely installed free of lien.
B acquiesces in the correctness of that advice and is
willing to guarantee the installation of the furnishings:
Therefore, in consideration of the premises and the
mutual promises of the parties set forth below, it is agreed:
1. That B guarantees installation in _________ hotel
at _________, on or before _________, 19__, by _________ hotel company, of the
furniture, of the price or value of $_____, mentioned in contract of date
_________, 19__, and exhibit to it, between _________ hotel company, which
written contract and exhibit are referred to and made a part of this agreement,
agreeing, if hotel company does not promptly pay, to pay for hotel company all
of the payments required to be made before installation is completed, when the
payments are due.
2. That B will also have installed on or before
_________, 19__, in _________ hotel, free of lien and subject to the lien of
the security interest of _________, trustees under the mortgage securing the
bond issue, the following character of furniture or equipment by the following
parties, or by other parties satisfactory to A and in approximately the
following amounts: _________.
3. A in nowise waives the right to see that
furnishings are suitable and sufficient, and, if they, or any of them, are not
suitable or sufficient in the opinion of A, B guarantees that additional
furnishings will be installed promptly to make the total furnishings sufficient
and that unsuitable furnishings will be promptly replaced.
4. A will, so long as the promises of B are each and
all observed, as well as conditions for the payment of bond proceeds on
construction (other than the having in hand of sufficient moneys for
furnishings) are met, disburse proceeds of the bond issue on the construction
of the hotel building.
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form, and you agree to abide by these terms. It is highly recommended that you have
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Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
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These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
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