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unanticipated or unforeseen conditions be encountered, the Contractor shall notify the Customer and the Contract Price shall be adjusted by the <br />Contractor on the basis of the actual cost of additional time and materials, unless a mutually agreed change order is signed. <br />9. INSURANCE. Contractor carries Workers Compensation insurance on its employees and all other insurance required by law. <br />10. CONTRACT DATE. This Contract is tendered to Customer on the date first above written, and must be accepted as tendered in <br />writing within thirty (30) days of that date or it will expire. <br />11, MISCELLANEOUS. No voluntary action by Contractor shall obligate Contractor beyond the terms of this Contract. This Contract <br />contains the entire agreement of the parties and there are no other terms or representations except as stated in this Contract. The law of the <br />State of Indiana shall apply to this Contract and the Work. Access by the Customer and their agents, employees, invitees and guests to the <br />Work site Is at the sole risk and liability of the Customer, and by accepting this Contract the Customer hereby RELEASES and INDEMNIFIES <br />Contractor from and against any and all claims for injuries to such persons and their property. The Customer represents that all terms and <br />conditions of this Contract have been read, understood and accepted. <br />"Conflict of Interest: The Organization hereby certifies and agrees that no,niernber, officer, or employee of the City, <br />oats designees or agents, and no member of the governing body of the City of South Bend or <br />the Organization (and no one will) whonr there is a, family or business tie) <br />who exer=os any hinchon6 or responsibilities with respect to the receipt and use of city funds during his or <br />her tenure or for one, year therea fter, shall have any financial benefit, direct or indirect, it) any contract or subcontract, <br />or the proceeds thereof for work to be performed in connection with the Program. To the extent the Prograrn involves <br />the awarding of a contract or grant, the Organization shall not award the same to a person or entity that creates <br />a conflict of interest described in Indiana Code § 5-16-11-5.5." <br />Contractor: Pemberton -Davis Electric, Inc. <br />916 E. McKinley Ave. <br />Wshawaka, In. 46545 <br />By: <br />Scott Bradley <br />Telephone (574) 277-7001 x2013 Fax (574) 204-2565 <br />CAUTION: READ CAREFULLY BEFORE SIGNING <br />THE PERSON SIGNING BELOW REPRESENTS THAT HIE/SHE IS FULLY AUTHORIZED TO BIND THE CUSTOMER TO THIS <br />CONTRACT AND THE TERMS HEREOF, <br />Customer (Print): - APPWVJW <br />no" of ptjj& Veriw <br />Customer (Signature:) 14AY 0 -310-1 Date Accepted: <br />Page 2 InitiM: <br />