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6.1.G. - Page 7 <br />C. Non -Compliance. If Contractor fails to commence compliance with <br />its cleanup obligations within two business days following written notification from <br />City or its representative, City may undertake appropriate cleanup measures <br />without further notice and the cost will be deducted from any amounts due or to <br />become due the Contractor. <br />2. Purchase of Equipment. <br />2.1 Specifications. The equipment purchased pursuant to this Agreement shall <br />be in compliance with all of the standards and specifications set forth in Exhibit A. <br />2.2 Delivery of Risk of Loss. All orders will be F.O.B. destination if not otherwise <br />specified. Risk of loss or damage to all equipment shall remain with Contractor until the <br />equipment has been delivered to and accepted by the City. All equipment will be received <br />by the City subject to its right of inspection, rejection, and revocation of acceptance under <br />the Uniform Commercial Code. The City will be allowed a reasonable period of time to <br />inspect the equipment and to notify Contractor of any nonconformance with the terms and <br />conditions of the specifications. The City may reject any equipment that does not conform <br />to the terms and conditions of this Agreement. Any equipment rejected may be returned <br />to Contractor at Contractor's risk and expense. <br />2.3 Chanqes. The City Manager has the right, by written notice, to change the <br />quantity or specifications of the equipment ordered and the terms of shipment or <br />packaging of the equipment. Upon receipt of any notice, Contractor will proceed promptly <br />to make the changes in accordance with the terms of the notice. If any change causes <br />an increase or decrease in the cost or performance or in the time required for <br />performance, an equitable adjustment shall be negotiated promptly and the Agreement <br />modified in writing accordingly. Contractor shall deliver to the City as promptly as <br />possible, and in any event within 30 days after receipt of a change notice, a statement <br />showing the effect of any change in the delivery dates and prices; the statement shall be <br />supplemented within 30 days by detailed specification of the amount of the price <br />adjustment and supporting cost figures. Contractor's failure to submit the statements <br />within the time limits stated will constitute its consent to perform the change without <br />increase in price, without claim for material rendered obsolete, and without change in <br />delivery schedules. <br />2.4 Packing and Shippinq. Deliveries shall be made as specified, without <br />charge, for boxing, crating or storage unless otherwise specified. Equipment shall be <br />suitably packed to secure lowest transportation costs and, in accordance with the <br />requirements of common carriers, in a manner to assure against damage from weather <br />or transportation. The City's order numbers and symbols shall be plainly marked on all <br />invoices, packages and shipping orders. Packing lists specifying the quantity, description, <br />and order number shall accompany each box or packing shipment. The City's count or <br />weight will be final and conclusive on shipments not accompanied by packing lists. <br />Shipments for two or more destinations when so directed by the City will be shipped in <br />separate boxes or containers for each destination, at no charge. <br />ATTY/AGR/2017.157/CODA TECHNOLOGY GROUP <br />REV: 07-07-17 JS <br />Page 4 of 10 <br />