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South Bend Fire Department <br />One (1)Contract Change Notice <br />00-00-3220 <br />CONTRACT CHANGE NOTICE <br />The quoted delivery time is based upon our receipt of the specified materials required to produce <br />the apparatus in a timely manner. "Delivery" means the date company is prepared to make <br />physical possession of vehicle available to customer. <br />The Company shall not be responsible nor deemed to be in default on account of delays in <br />performance due to causes which are beyond theCompany’s control which make the Company’s <br />performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, <br />fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of <br />government, delays in transportation, inability to obtain necessary labor supplies or <br />manufacturingfacilities, allocation regulations orordersaffecting materials, equipment, facilities <br />or completed products, failure to obtain any required license orcertificates,acts of God or the <br />public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of <br />vendors (due tocauses similar to those within the scope of this clause) to perform theircontracts <br />or labor troubles causing cessation, slowdown, or interruption of work. <br />After execution andacceptance of this Purchase Process, the Buyer may request that the <br />Company incorporateachange to the Products orthe Specifications for the Products by <br />delivering a ChangeOrder to the Company; provided, however, that any such Change Order <br />must be in writing and include a description of the proposed change sufficient to permit the <br />Company to evaluate thefeasibility of such Change Order. Within seven (7) working days of <br />receipt ofa Change Order, the Company will inform the Buyer in writing of the feasibility of the <br />Change Order, the earliest possible implementation date for the Change Order, of any increase or <br />decrease in the PurchasePrice resulting from such Change Order, and ofany effect on <br />production scheduling or delivery resulting from such Change Order. TheCompany shall not be <br />liable to the Buyer forany delay in performanceor delivery arising from any such Change Order. <br />Purchase Price may be modified only by mutual written agreement of the Parties because of <br />changes to the Apparatus required orrequested by the Buyer during the construction process <br />pursuant to Appendix C, Change Order Policy. Any changes in the Purchase Price resulting from <br />changes to the Apparatus required orrequested by the Buyer during the construction process <br />shall be stated in the Change Order signed by both parties. Additional Changes: If various state <br />or federalregulatory agencies (e.g. NFPA, DOT,EPA) requirechanges to the specification <br />and/or the product that result in a cost increase tocomply therewith this cost will be added to the <br />Purchase Price to be paid by the customer. <br />10040-001909/02/20 <br />3 <br />PDF created with pdfFactory Pro trial version www.pdffactory.com <br /> <br />