Opening of Bids - Water Treatment Chemicals 2020-2024 - JCI Jones Chemicals, Inc.

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B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code. 22. ASSIGNMENTS A. Nmperson to whom Contract has been awarded may assign his interest in the Contract without the consent, |nwriting, mfthe City. 23. CANCELLATION A. TheCityof8uudlBondnamenxasthehQhthucanma|anyContra«tforhai|ureornafuma|mf performance, froud, deueit, mianapreaenbmdon, coUuaiom, conspiracy, orany other misconduct onthe part ofthe Contractor. 24. DEDUCT 10N.OF-DAIVIAG)ES A. �'the City cancels the contract for any cause, kshall deduct from whatever isowed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. I . On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 26, OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend. A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 28. TERM "OR EQUAL" A. Where the term "OR EQUAL" isused inthese Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully expfaining and justifying his/her proposed article mrequal. The City ofSouth Bend shall bethe sole judge indetermining ifthe "OR EQUAL" offered meets the Specifications. 29. INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by the Bidder or because or arising out ofany defect in the goods, materials or equipment supplied bythe Bidder.