Laserfiche WebLink
heretofore and pursuant hereto, and to enter into this Contract. <br />It is understood that this Contract does not include any real <br />estate. <br />D. Sale of Equipment. Contractor will carry out a program <br />for sale of the Equipment as follows: <br />1. Inventory and Pricing. Contractor will develop one <br />or more inventories of the Equipment (which collectively shall be <br />a complete inventory of the Equipment) and establish minimum fair <br />market prospective sales prices as to each item or group of items. <br />Such inventories will be computerized and will constitute working <br />lists of equipment to be sold pursuant to this contract. The <br />proposed minimum sales prices for the Equipment will be subject to <br />the approval of Mid- Continent, and to the approval of the <br />Bankruptcy Court to the extent required by law. Contractor will <br />use its best efforts to obtain prices in excess of such minimum <br />prices. The proposed minimum sales prices shall be kept <br />confidential from prospective purchasers and shall be dealt with as <br />confidential trade information in Mid - Continent's bankruptcy case. <br />2. Marketing Efforts. Contractor will use its <br />marketing, advertising and sales experience to sell the Equipment, <br />which marketing efforts which will include an extensive and <br />comprehensive sales brochure describing the Equipment by category, <br />description and quantity, which brochure will include photographs <br />as Contractor deems appropriate. Contractor will also utilize <br />their own mailing lists of mining and mineral processing companies <br />in the northern and southern hemispheres, which lists also include <br />prospective customers in countries beyond the same. This list will <br />be augmented by Contractor by its purchase of current mailing lists <br />of coal mines in operation in the United States and Canada. <br />Contractor will mail out brochures, (i.e. the catalog of the <br />Equipment), and flyers, as well as include the Equipment in <br />advertising of their regularly mailed index of used machinery. In <br />addition, Contractor will select and advertise in those magazines <br />and trade journals that Contractor believes would best target <br />potential customers of the Equipment; such will include <br />professionally laid out advertising; including photographs. Such <br />marketing efforts will include responses to Spanish speaking <br />inquiries by bilingual employees of Contractor and Contractor will <br />escort domestic and foreign customers to the Mine Site and Load -Out <br />Site as required. <br />3. Terms of Sale. Sales will be made for cash on an <br />"as -is, where -is" basis, except as Contractor may deem appropriate; <br />however, as to any proposed credit sale in excess of $25,000 for <br />any item or group of items proposed to be sold to any single <br />customer, as Mid - Continent may agree. Notwithstanding the <br />foregoing, no credit sales shall be made outside the United States <br />without Mid- Continent's approval, which approval shall not be <br />unreasonably withheld. <br />E. Security. Contractor shall reasonably secure the <br />Equipment against theft or other loss, at Contractor's own expense, <br />08/13/92(12) <br />- 4 -- <br />