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V. INDEMNIFICATION <br />A. Prevailing Specifications: None <br />B. Additions <br />1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its <br />agents, officers and employees, from all costs, losses, claims and suits, including court <br />costs, attorney fees, and other expenses, arising from or out of the negligent performance <br />of this Contract by Contractor, or because of arising out of any defect in the goods, <br />materials or equipment supplied by the Quote provider. <br />VI. CONTROL OF WORK <br />A. Prevailing Specifications: 2018, INDOT Standard Specifications Section 105 <br />B. Additions: <br />1. The complete responsibility for this project lies with the Director of Public Works of the City <br />of South Bend, Indiana acting through his authorized representatives. <br />VII. DELIVERY <br />A. Prevailing specifications/INDOT Standard Specification Section: None <br />B. Additions: <br />1. Within thirty (30) days after receipt of formal purchase order. <br />2. Shipping costs included in total package price. <br />3. F.O.B. Destination <br />Vill. TERMS OF PAYMENT <br />A. Prevailing Specifications: None <br />B. Additions <br />1. One payment after product is received and accepted <br />IX. COMPLETION <br />A. The City reserves the right to cancel the order if the complete materials are not delivered by <br />thirty (30) days from time of receipt of formal purchase order. <br />X. WARRANTY <br />A. Prevailing Specifications: None <br />B. Additions <br />1. All Parts shall include the following: <br />a. Performance specifications <br />b. Bill of Materials <br />c. Warranties on all parts <br />d. Installation and safety requirements <br />Version 8 — 02/25/14 <br />