BILL OF SALE
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which
are hereby acknowledged, DAVID BOWEN of Bowen Motorsports, Inc., a valid Canadian
Corporation located at 22 St. Claire Ave E 16th Floor, Toronto, ON, M4T 253 Canada
(“Seller”) does hereby assign, sell, transfer, convey and set over unto
, HIS HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS
(“Buyer”) all of its right, title and interest in and to the 2012 Dallara DW12, Chassis No.
037, Team Andretti Autosport IndyCar, driven to victory in the 100th Running of the
Indianapolis 500 in May of 2016 by Rookie Alexander Rossi in NAPA Auto Parts blue/yellow livery with black interior (the “Vehicle”).
Seller shall give Buyer such further assurances and shall execute such other bills of
sale, assignments, and other instruments as may be reasonably requested by Buyer to
complete the sale and conveyance of the Vehicle herein conveyed.
Buyer hereby agrees to execute the indemnification and release agreements with
Andretti Autosport and Bridgestone/Firestone attached hereto in “Schedule A”.
Buyer shall Lease the race winning HONDA Performance Development, Inc. motor,
pursuant to the Terms contained in the letter attached hereto in “Schedule A”.
Buyer herby agrees to the terms contained in the Indianapolis Motor Speedway
Museum (IMS Museum) Loan Agreement attached hereto in “Schedule A” and HONDA
Performance Development, Inc. (HPD) Letter directives and the car shall be loaned to the
IMS Museum for display annually from April 1 to June 30 each year owned by Buyer. Buyer agrees to include “David Bowen” as owner of record during the 2016 Indy
500 victory on any plaque/signage when the Vehicle is displayed at IMS Museum or anywhere else where applicable.
Seller will warrant and defend said title to Buyer, and its successors and assigns, forever against all claims or demands whatsoever. The undersigned represents and warrants to Buyer that the undersigned is conveying good title to the items hereby conveyed to Buyer, free and clear of all liens, encumbrances, claims, security interests, and rights of third parties.
Buyer will be responsible for taking delivery of all items of the Property at their current location(s) and for all costs of transporting such Property to Buyer’s location(s).
Said Property and each item thereof is sold to and purchased by Buyer “AS IS”, and
Seller makes no guarantee, warranty or representation, express or implied, as to the quality, character, merchantability or fitness for any particular purpose, of said Property or any other kind of warranty with respect thereto.
BUYER HEREBY ACKNOWLEDGES AND AGREES THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, (A) AS TO THE QUALITY OR FITNESS OF THE PROPERTY AND EACH ITEM THEREOF, OR (B) AS TO SUCH PROPERTY’S AND ITEM’S SUITABILITY FOR ANY SPECIFIED PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY SELLER.
BUYER ACKNOWLEDGES AND AGREES THAT SELLER SHALL NOT BE LIABLE TO BUYER OR TO ANY OTHER PERSON (INCLUDING, WITHOUT LIMITATION, BUYER’S HEIRS, SUCCESSORS, ADMINISTRATORS, ASSIGNS, FAMILY MEMBERS OR ANYONE ELSE) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON OR UNDER ANY CLAIM OR THEORY OF RECOVERY. IN ADDITION, BUYER ACKNOWLEDGES AND AGREES THAT SELLER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSONS (INCLUDING, WITHOUT LIMITATION, BUYER’S HEIRS, SUCCESSORS, ADMINISTRATORS, ASSIGNS, FAMILY MEMBERS OR ANYONE ELSE), FOR (A) ANY LOSS, DAMAGE OR INJURY ARISING BY REASON OF ANY DEFECTS IN THE PROPERTY OR ANY ITEM THEREOF, WHETHER SUCH DEFECTS ARE LATENT OR APPARENT UPON EXAMINATION, OR (B) ANY LOSS OR DAMAGE OF ANY KIND SUFFERED BY BUYER (INCLUDING, WITHOUT LIMITATION, INCLUDING, WITHOUT LIMITATION, BUYER’S HEIRS, SUCCESSORS,
- 2 - ADMINISTRATORS, ASSIGNS, FAMILY MEMBERS OR ANYONE ELSE) AS A RESULT OF THE PROPERTY OR ANY ITEM THEREOF BEING UNUSABLE.
This Bill of Sale shall be governed by and interpreted under the laws of the State of
California.
IN WITNESS WHEREOF, Seller and Buyer have caused this Bill of Sale to be duly
executed and delivered by their respective duly authorized representatives on this
day of August, 2018.
David Bowen for Bowen Motorsports, Inc.
By: By: David Bowen
Its: Its: “Buyer” “Seller”
- 3 - SCHEDULE A
• HONDA Performance Development, Inc. Engine Lease Letter • IMS Museum Loan Agreement • Bridgestone-Firestone Indemnification and Release • Andretti Indemnification and Release
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