6806-00/07 AGENCY AGREEMENT THE CORPORATION OF THE This Agreement, dated as of _ , ie made between CITY OF PORT COQUITLAM (the ’Company’') and CIBC Leasing Limited (“CIBC Leasing’). - WHEREAS pursuant to an offer to lease (the “Offer") dated May 16th, 1994 , CIBC Leasing agreed to leaze/sell to the Company certain equipment described in the Offer (the ‘’Equipment’’) THEREFORE for good and valuable consideration CIBC Leasing and the Company agree as follows; 1. 2. Subject to the terms of this Agreement, CIBC Leasing appoints the Cornpany as ite sole agent for the purpose of purchasing ° the Equipment on behalf-of and In the name of CIBC Leasing; ~ . The Company has authority only to select the Equipment and to negotiate with the supplier in respect of the purchase price,. the conditions of the sale, the conditions of delivery and the time of payment. However, the Company may not enter into, on behalf of CIBC Leasing, any contract for the servicing of the Equipment unless CIBC Leasing provides its written consent; The Company will clearly indicate in all dealings and documentation that it is acting as CIBC Leasing’s agent; When the Company directly receives an invoice for the Equipment, it will promptly forward it to CIBC Leasing for payment by CIBC Leasing. However, if it is necessary or expedient for the Carnpany to pay any amount on behalf of CIBC Leasing in raspect of the Equipment’s purchase, CIBC Leasing will reimburse the Cornpany on receipt of reasonable evidence of proper. payment. In connection with the payment of invoices, the Company agrees to sign any further documentation required by CIBC . _Leasing; The Company Is net entitled to any fee or commission for acting as CIBC Leasing’s agent; The Company will indemnify C!BC Leasing for all losses, costs and liability which CIBC Leasing incurs in connection with this Agreement or as a reault of any act done by the Company beyond the authority conferred by this Agreement. This indemnity will continue after termination of this Agreement; 3 The Company may not assign its rights and obligations under thie Agreement and may not delegate the authority conferred: by this Agreement, unless CIBC Leasing gives its prior written approval; re This Agreement will continue In. force in respact of any particular Equipment until the Company signs lsase/conditional sala. documentation in form and substance acesptable-to CIBC Leasing in respect of that Equipment. Any Equipment which is received. by the Company pricr to CIBC Leasing obtaining title will be held in trust for CIBC Leasing. Nevertheless, CIBC Leasing may, at any time, terminate this Agreement upon written notice to the Company; So This Agreement may be varied only if in writing signed by both the Company and CIBC leasing. Except that, CIBC leasing may, from time ta time, revise or revoke the authority conferred by this Agreement upon written notice to the Company; This Agreemunt will be governed by the laws of the province of _British Columbia Dated as of the date first writtan above, CIBC LEASING LIMITED By Authorized Officer THE CORPORATION. OF THE CITy. Nome of Company