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INVITATION TO BID 7.1: WARRANTY /GUARANTY: Successful bidder shall act as agent for the City in the follow -up and compliance of all items under warranty/guarantee and complete all forms for warranty/guarantee coverage under this contract. Bidder warrants by signature on his proposal sheet that prices quoted here are in conformity with the latest federal price guidelines. 7.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free of charge to the City. Each individual sample must be labeled with the bidders name, and manufacturer's brand name and delivered by him within ten (10) calendar days of the bid opening unless schedule indicated a different time. If samples are requested subsequent to the bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 7.3: DISPUTES: If any dispute concerning a question of fact arises under the contract, other than termination for default or convenience, the contractor and the City department responsible for the administration of the contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. 7.4: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a bid, as applicable. 7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award. 7.6: RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer /employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7.7: COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this agreement. 7.8 WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or any one of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 00210-7