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2.7. ESTIMATED QUANTITIES <br />A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents <br />the estimated requirements of the City for a specified period of time, the unit price and the <br />extended total price thereof shall be used only as a basis for the evaluation of bids. The <br />actual quantities necessary may be more or less than the estimate, but the City shall neither <br />be obligated nor limited to any specific amount. The City will, if at all possible, restrict <br />increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict <br />decreases to twenty percent (20%) of the estimated quantity. <br />28. TERM "ORE UAL" <br />A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from <br />specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed <br />article or equal. The City of South Bend shall be the sole judge in determining if the "OR <br />EQUAL" offered meets the Specifications. <br />29. INDEMNIFICATION CLAUSE <br />A. The 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 costs, <br />attorney fees, and other expenses, arising from or out of the negligent performance of this <br />Contract by the Bidder or because or arising out of any defect in the goods, materials or <br />equipment supplied by the Bidder. <br />NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If <br />you are sending your bid via Federal Express or another overnight source, please <br />confirm that your package will arrive before the bid opening time and date. <br />18 <br />