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ASSIGNMENT OF CONTRACTS

 

STATE OF ARIZONA                 )

                                                            ) ss.

COUNTY OF MARICOPA            )

                        KNOW ALL MEN BY THESE PRESENTS:

                        That                            , a(n) Arizona                       (the "Assignor"), for and in consideration of the sum of $10.00 and other good and valuable consideration to it in hand paid by                                     , a(n) Arizona                       ("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has BARGAINED, SOLD, DELIVERED and ASSIGNED, and by these presents does BARGAIN, SELL, DELIVER and ASSIGN, unto Assignee (1) the drawings, plans and specifications relating to the real property and improvements located at                                                                (the "Project"), and described on Exhibit "A" attached hereto, (2) the guaranties and warranties relating to the Project described on Exhibit "B" attached hereto, (3) all drawings, plans and specifications, bonds, warranties and guaranties, telephone exchange numbers, goodwill, fixtures, equipment, supplies, furnishings and other tangible or intangible personal property owned by Assignor or in which Assignor has an interest and is used in connection with the operation of the Project or the real property described on Exhibit "C" attached hereto, and (4) all of Assignor's rights under the construction contracts and architect's agreements described in Exhibit "D" attached hereto.

                        The Assignor represents and warrants to the Assignee that the Assignor has fully paid and performed all of the obligations, liabilities and duties on the part of Assignor to be performed under the contracts and agreements described in Exhibit "D" attached hereto prior to the date hereof.  The Assignor agrees to indemnify and hold the Assignee harmless from and against any loss, damage, liability, cost and expense (including reasonable attorneys' fees) suffered or incurred by the Assignee by reason of the failure of the Assignor to perform and comply with the obligations, liabilities, duties, covenants and agreements of Assignor accruing under the agreements described in Exhibit "D" attached hereto prior to the date hereof.  The Assignee agrees to indemnify and hold the Assignor harmless from and against any loss, damage, liability, cost and expense (including reasonable attorneys) suffered or incurred by the Assignor by reason of the failure of the Assignee to perform and comply with the obligations, liabilities, duties, covenants and agreements of Assignee accruing under the agreements described in Exhibit "D" attached hereto subsequent to the date hereof.

 

                        EXECUTED as of the        day of                     , _____.

 

                                                                        Assignor:

 

                                                                

                                                                        Assignee:

 

 


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