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2. If the Contractor allow,&. a dizwunt, the period of time in which the City must make <br />payTTIent to qua Iify for the discounts shall be computed frerrr the date the City received the <br />invoice (campfetely Miler out), or the date the goods are dolivcrcd and accepted, <br />whichever may be later, and Shall riot be less than twenty (20) days. <br />3. II more than one shipment is made under the ConUact and on the same purs;haSU order, <br />the City will make par lial payments on a basis that is agreeable to bohh parties_ <br />2(F_ OWNERSHIP OF GOODS <br />A. The goods which are the subject of thy. C ontrar;t shall remain property of tho Contractpr until <br />delivered to arld accepted by the City of South Bents_ <br />27_ ESTIMATED QUANTITIES <br />A. If the quantity set forth in the Noti t: to Bidders and Pfaposal is approximate and rcpresents <br />the estimated requirernertL_s of the City far a -,,pacified period of time, the unit prire and the <br />extended total prim thti:!rrxof shall be used only as a basis for the evaluation of bids. The <br />actuvl quantities necessary way be more or less than the estimate, but the City shall neither <br />tPe obligated nor limited io any speLcihic arnount The City will_ rf at all possible, resMrt <br />increases to twenty percent (20%) of the a :tirnated quantity and will, iF at all possible, restrict <br />decreases to twenty percent (20 ) of the es imat0 quantity. <br />tx_ TFRM `OFF EQUAL" <br />A. Where the term "Off EQUAL" is used irk thf;se Specifications, the Bidder deviating from <br />specified item shalt file with hislher bid a letter fully Cxplahning and justifying hisfhar pre used <br />artide or equal. The City of South Bend shall be the sole judge in determining if the "Old <br />EQUAL' offered meets the perdications_ <br />29_ INDEMNIFICATION CLAUSE <br />A. The Contractor agrees to indemnify, defend _ and hold harmless the City of S-Outh Bend, its <br />agents, offaco s, and employees from all costs, losses, rlairns and stjits, including court costs, <br />-ittomey foes, and ether expenses, arising trom or out of the negligent performance of this <br />Contract by tho Bidder or bccziusc or arising out of any defect in the quLwJs, rriaterialy or <br />eyuiprnerit sLip plied by the Bidder_ <br />