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8, A111 items rejected must, be removed Immediately by anew Gontrattor at the expense Of file
<br />Contractor. K the Contractorfalfs OT'refuse!sto remove true rejected [terns, they niay besold
<br />by the City Qf South Bead.
<br />C
<br />l. The above proyi'sionshall not be construed in limitations of any riglits the City maY have,
<br />under a,,ny, laws including the Uniform r,,ommerciial Code.
<br />21 ALSIGNMtN ffiS-,
<br />A Na person to whom a. Contract has, been awarded mayassign hIs interest in the Contract
<br />without. the consenl,, in wrlitinq, of the City.
<br />23" PAN ELLA
<br />A The Cry of South Bend reserveis the right to cancel any Contract for fakire or refusal of
<br />PerformanoeJ,raud, deceit, misrepresentation, collusion,. con sr,.)[wy, orany other misconduct
<br />on the part of the GontraGlor,
<br />2A. EDU 10,NOFQLqAGE
<br />A If the Clily carlicelis the contract for, any cause,, it sha,[t deduct from whatever is owed the
<br />Contractor on, the Co,nitratt or, any other Conittaict, aily arnount suffitlent, to oofinpiensate the
<br />City foT, any damages svIfered by it, becaLlse of the Contractor's virongdojing,
<br />k
<br />M�ETHi-O-D11 -O-F--NV-O—[C-IyMEli%
<br />-N-G-E-QLR—P8�y _Jlf
<br />,A, Contractor shall bill the City of Snath Bend,
<br />li, On regular I nvoioe form giving a Wmiplete and delafled.deschip1b on of (tie gloodt del iviored,
<br />including purchase order number,
<br />2. if the Contractar, a I'lows a disicounit, [lie, periad of tier I n which the, City Mu St miake
<br />pay Ment to qU Stify'JOT (Vie d iscou nits shall be computed from thed ate the City received the
<br />invoice (cornplalely fillied, out), or, the date the goods are d4IIIVeTed and acoapted,
<br />yvhibheajer may be later, and shall not be l8ss than wenty, (20) days.
<br />3. If more than one shipment '19 Made under the Contract apd, on the Berne purohasie order.,
<br />the City 'wal make partial payments on a basis that s agreeable In, both parties..
<br />26, f�tN (l�l" E _GOQDq
<br />A The goodswhich are the subject of the Contract shall remain property,of the Contractor Mritil
<br />,delivered to, and accepted by the City of South 8 end
<br />27, EST fMAT —ED GIONT, 171 ES
<br />A., If the quanfity set forth in the Notice to Bidders andproposalis approxirnate and represerits
<br />the estimated requirements of the, City for aapetillied perlold of dime,. the unit price and the
<br />extended total pdra thereof shall, be used only as a basJ's, for the evaluation cvf bids, The
<br />actual, quanfities necessary lrnaY be more or less than ti estimate, bi-tl the City shall Riefthet
<br />be obligated nor limited to any, specificarr,,,iount, The City wil, ff at, aR possible, restrict
<br />increases to twenty p8rcent (20%) of the estimated quanflity and will, if at all, possible, restr[Ot
<br />deureases; lotwenty percent (20%) of -true estimated q,u antity
<br />28 LF
<br />A, Where the teml 'OR EQUAL' is used in these Spe6fication8, the Bidder devibiting from
<br />speti,fied, ftem shell file wlth his her bid a let fully explaining and justifying, hisilhar proposed
<br />artkie or, eqwal, The City of South Bend shall be the sate judge In determining if the'OR
<br />EQUAL" offeredrineets the Specificallons
<br />29, less theCity of �S,oiuth Bend, its
<br />X arrin,
<br />Maims and suits,ii, includingcourt. costs,
<br />Rhe nagfigent performanca of this
<br />defeat efefA In time foods, materials of
<br />ecpApr-nent, suppilled by the Bidder,
<br />
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