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affect cost, progress, production or furnishing of Materials or which relate to any <br /> aspect of the design and the means, methods, techniques, sequences or <br /> procedures of production and delivery to be employed by Supplier and safety <br /> precautions and programs incident thereto. <br /> B. Supplier has considered the production of the Materials or other factors which may <br /> affect the cost, progress, production or furnishing of Materials, as Supplier considers <br /> necessary for the furnishing of Materials at the Contract prices and in accordance <br /> with the other terms and conditions of Contract Documents, including specifically <br /> the provisions of the General Conditions. <br /> C. Supplier shall provide a minimum one-year warranty on all equipment. <br /> V. CONTRACTDOCUMENTS <br /> The Contract Documents which comprise the entire agreement between City and Supplier <br /> concerning the Work consist of the foliowing: <br /> A. Contract Documents consist of the following documents: Exhibit A. <br /> VII. INDEMNIFICATION <br /> A. Suppiier will defend, indemnify and hold harmless City and its officers, agents, <br /> employees and volunteers from and against all claims, damages, losses and <br /> expenses including attorney fees arising out of the provision of Materials and <br /> Supplies and performance of the Services, caused in whole or in part by the willful <br /> misconduct or any negligent act or omission of the Supplier, any subcontractor, <br /> anyone directly or indirectly employed by any of them or anyone for whose acts <br /> any of them may be liable, except where caused by the active negligence, sole <br /> negligence, or willful misconduct of City. <br /> VIII. MISCELLANEOUS <br /> A. It is understood and agreed that in no instance is any person, signing this <br /> Agreement for or on behalf of City or acting as an employee or representative of <br /> City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is <br /> further understood. <br /> B. This Contract shall be deemed to have been entered into in the County of San <br /> Mateo, and governed in all respects by California law (excluding confiicts of laws). <br /> Any action at law or in equity brought by either of the parties will be tried in a court <br /> of competent jurisdiction in the County of San Mateo, and the parties waive all other <br /> provisions of law providing for a change of venue in these proceedings to any other <br /> � county. <br /> ATTY/AGR/2012.045/WESTERN PACIFIC SIGNAL(MATERIAL PURCHASE) <br /> REV:04-17-12 VR <br /> Page 2 of 4 <br />