2002-104-RES ATHORIZE EXECUTION OF INTERLOCAL AGREEMENT BETWEEN COP AND LEAGUE CITY TX

Home Browse Search

. I to do 50 shall render this coD1ract voidable at the option of the Buyer. SeUer wammts tl at tb goods furnished will confurm to the speci:flcatio'OS, drawings and descriptions listed in tb ~ bid, invitation, a:od to the sample(s) furnished by the Seller, ifany. In the event ofa conflict hetwe m the specifications, drawings, and descriptions. the specifications shall govern. 12. SAFETY W A1tR.AN1'Y Seller warrants that the product sold to Buyer sball conform to the standards promulgated by the U.S. Depart::rnent of Labor under the Occupational Safety md E ealth Act of 1970. In the event the product does not conform to OSHA standards~ BUyt:r IDa.:' retu 'n the product fot' correction or replacement at the Seller's expense. In the event Sener firils to ma1o~; the appropriate correction within a reasonable time, correction made by Buyer will be at Sel er's e:x:pense. 13. NO WARRANT BY BUYER AGAINST INFRlNGE:MENTS As part of this contract f.)r sat.:, Seller agrees to ascertain whether goods tna.D.l11actured in accordance with the specificat om attached to this ~ement wiD. give rise to the rightful claim of any third person by way , If infiingement or the like. Buyer makes no warranty that the production of goods, accord ing tc the specification. wiD. not give rise to such a c~ and in no event shall Buyer be liable to S ~ller j Jr indemnification in the event that Seller is sued on the grounds ofinftiogement or the like If:3.:ller is of the opinion that an infringement or the like will result, be will notifY Buyer to this e~ feet i 1 writing within two weeks after the signing of this agreement. If Buyer does Dot receive: IOticc and is subsequently held liable for the infringement or the like, Seller will save Buyer harml~ 3. If ~eJler in good faith ascertains that production of the goods in accordance with the specificatioI.s wit result in infiingement or the lik"'C, this contract shall be null and void except that Buyer w II pa~ Seller the reasonable cost afhis search as to infi:in.gements. 14. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery be ore accepting them. 15. CANCELLATION Buyer shall have the right to cancel for default all or any part of the Ilttde.ti l'ered portiOD. of this order if Seller breaches any of the terms hereof including warranties ofSe lIer (I" if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation i; in addition to and not in lieu of any other remedies which Buyer may have in Jawor equity. 16. TERMINATION The performance ofwork under this order may be terminated in whol( Or io part by the Buyer in accordance with this provision. Termination of work hereunder sball be ~1fe(;1 ed by the delivery to the Seller of a "Notice ofT ermination'" speciiying the extent to which pel roml1 .nee: of work under the order is ter.m.inated and the date upon which such termination become) e:ffi~ ::tive. Such right oftennination is in addition to and not in lieu of rights of Buyer set forth in C.ause 15, herein. ... - ./ 17. FORCE MAJEURE It; by reason of Force Majeure, either party hereto shall be rendem: unal Ie wholly or in part to carry out its obligations under this Agreement then such party shalll ive n ,tice and full particulars of such Force Majeure in ~g to the other party wIthin a reasonab.e tir:o .: after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, SO fur as it is a1fected by such Force Majeure, shall be suspended during the conti 1U81].( e of the inability then claimed, except as hereinafter provided, but for no longer period, and S' lCh I',1l1y 6 H~ . a' d iU.IJ 311~V3'I LtZLZCCtSZ l~~ tt:tt ZO/CT/SO