Laserfiche WebLink
<br />amount of Owner's Total Net Proceeds for the month. With each payment of Owner's Total Net Proceeds, <br />PropertyBureau.com will deliver to Owner a written report setting forth the following information for the immediately <br />preceding month: (i) the Property sold by PropertyBureau.com during the prior month; (ii) the Property, if any, consigned <br />for sale to PropertyBureau.com during the month; (iii) other dispositions of Property during the month; (iv) the total <br />amount of proceeds collected by PropertyBureau.com resulting from sales or dispositions of Property during the month; <br />(v) the Property, if any, inventoried by PropertyBureau.com at the end of the month, (vi) Owner's and <br />PropertyBureau.com's shares of Credit Card Costs and other transaction costs, Owner's Net Proceeds and <br />PropertyBureau.com's Net Proceeds. <br /> <br />6. PropertyBureau.com's Obligations Concerning Property in Its Possession. The following provisions will apply <br />only with respect to Property in PropertyBureau.com's possession: (i) PropertyBureau.com will exercise due care in the <br />handling and storage of any Property; (ii) PropertyBureau.com shall keep the Property free of unpaid charges, liens, <br />security interests, and encumbrances, and shall pay when due all fees and charges with respect to the Property; (iii) <br />PropertyBureau.com shall sign and deliver to Owner any UCC-1 financing statements and any and all documents <br />reasonably requested by Owner from time to time to give public notice of Owner's interest in the Property and/or to <br />protect Owner's title to Property; (iv) PropertyBureau.com shall obtain and maintain insurance in an amount (determined <br />by PropertyBureau.com) not less than the replacement value of Property in its possession. The insurance will cover the <br />Property against fire, theft, and eX1ended coverage risks ordinarily included in similar policies, with proceeds payable to <br />PropertyBureau.com and to Owner as their interests may appear. All policies shall require thirty days' written notice to <br />Owner before any material change or cancellation. PropertyBureau.com shall give Owner a certificate or a copy of each <br />of the policies concurrently with signing this Agreement and on Owner's demand; and (v) If PropertyBureau.com returns <br />any Property to Owner, PropertyBureau.com shall pay all freight charges, insurance and related costs to return the <br />Property to Owner's nearest warehouse. PropertyBureau.com, at PropertyBureau.com's expense, shall insure Property <br />during shipping in an amount not less than the replacement value of any item of Property returned to Owner. <br /> <br />7. Owner's Obligations. As soon as practicable, Owner will submit to PropertyBureau.com personal property in <br />possession of the Owner that becomes available to Owner to sell to the public, excluding any personal property to be <br />used by Owner. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of <br />property to Property Bureau.com <br /> <br />8. Joint Obligations. PropertyBureau.com and their employees and agents may not: (i) manipulate the price of an item <br />of Property submitted for auction, either by using a shill (a secondary account or third party) or by bidding themselves, or <br />(ii) purchase any item of Property. <br /> <br />9. Representations and Warranties of Owner. With the knowledge that PropertyBureau.com is relying thereon in <br />entering into this Agreement, Owner hereby represents, warrants and covenants as follows: (i) Owner is not and will not <br />be required to give any notice to or obtain any consent from any person in connection with the consummation or <br />performance of any of its obligations hereunder, and (ii) Owner will not knowingly deliver to Property Bureau.com for sale <br />any goods of a counterfeit nature, or which otherwise infringe illegally on trademarks or patents, and (iii) Owner has <br />taken all required actions under applicable law that are conditions precedent to Owner's right to transfer title to the <br />Property to purchasers (the "Conditions Precedenf'). <br /> <br />10. Books and Records. The parties will keep complete and accurate books of account, records, and other documents <br />with respect to this Agreement ("Books and Records"). The Books and Records will be kept by both parties for the <br />longer of (i) a period of time consistent with Owner's general document records management policy, or (ii) three years <br />following expiration or termination of this Agreement. The Books and Records will be available for inspection and <br />copying by any qualified representative or agent of a party, at the expense of that party, subject to the following terms <br />and conditions: (a) examinations will be at the principal place of business or the location where the Books and Records <br />are regularly maintained, during normal business hours and only to the extent necessary to verify payment amounts; (b) <br />the party demanding the audit will give the other party at least seven business days' written notice before any an <br />examination; (c) both parties will keep each party's Confidential Information disclosed to it during the examination <br />conlidential in accordance with each party's obligations set forth in this Agreement to the extent permitted under the <br />Caiifornia Public Records Act (Government Code 6250,et seq.); and (d) a party may not conduct more than two <br />inspections during any twelve-month period. At the request of a party, the other party will deliver to the requesting party <br />any reports or information reasonably requested relating to the subject matter of this Agreement. If an examination <br />reveals a discrepancy that exceeds five percent of the total reported by the audited party to the auditing party, and there <br />is no dispute concerning the results of the audit, the audited party will reimburse the auditing party for the expenses of <br />the audit and pay any money owed to the audited party within five business days of the auditing party's demand. <br /> <br />Page 3 at 8 <br /> <br />8/29101 <br />