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RFP 01-042 <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />RECEIVING TIME <br />The receiving time in the Purchasing Office will be the governing time for acceptability <br />of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. <br /> <br />COMPLIANCE WITH LAWS <br />All proposals shall comply with current federal, state, and other laws relative thereto. <br />Offeror further agrees that the goods proposed compIy with all applicable Federal and <br />State Occupational Safety and Health laws, standards for regulations, and that Seller will <br />indemnify and hold the Buyer harmless for any failure to so conform. <br /> <br />REFERENCE TO SUCCESSFUL OFFEROR <br />The terms successful offeror, supplier, vendor, bidder or contractor may be used <br />interchangeably in these specifications and shall refer exclusively to the firm with whom <br />the City enters into a contract as a result of this Request For Proposal. <br /> <br />FORCE MAJEURE (ACTS OF GOD) <br />If execution of this contract shall be delayed or suspended and if such failure arises out of <br />causes beyond the control of and without fault or negligence of the Offeror, the Offeror <br />shall notify the City, in writing, within twenty-fuur (24) hours, after the delay. <br /> <br />Such causes may include but are not limited to Acts of God, war, or acts of the public <br />enemy, acts of any govermnental entity in its sovereign or contractual capacity, fires, <br />floods, epidemics, strikes and unusually severe weather. <br /> <br />LAWS GOVERNING CONTRACT <br />This contract shall be in accordance with the laws of the state of CALIFORNIA. Parties <br />further stipulate that this contract was entered into in the state of CALIFORNIA and the <br />state of CALIFORNIA is the only appropriate forum for any litigation as a result of <br />breach hereof or any questions risen herefrom. <br /> <br />ATTORNEY'S FEES <br />In the event a suit or action is instituted in connection with any controversy arising out of <br />this contract, the prevailing party shall be entitled to receive, in addition to its costs, such <br />sum as the court may adjudge reasonable as to attorney's fees and costs. <br /> <br />INQUIRIES <br />Refer inquiries in writine via facsimile to Buyer: BRUCE PERRET at (714) 647-6944. <br /> <br />4 <br /> <br /> <br />