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<br />receipt by the Contractor at the Contractor's <br />development facility, subject to the following: <br /> <br />'"" <br /> <br />(a) <br /> <br />(b) <br /> <br />The amount to be paid by the City for such <br />deliverable goods shall be based on the price <br />specified in the Project Deliverables. <br /> <br />The Contractor will notify the City in <br />writing of the Contractor's receipt of such <br />deliverable goods at a Contractor development <br />facility. Within five (5) business days of <br />such notice of delivery, the City shall <br />verify the delivery of goods by either (i) <br />acceptance of the Contractor's certification <br />of goods received and receipt of a copy of <br />the packing list(s), or (ii) a physical on- <br />site inspection at the City's expense. The <br />City's failure to verify the goods within <br />such 5-day period shall waive the City's <br />right to object to or reject such goods. <br /> <br />Taxes. The prices set forth herein include <br />California sales tax but do not include any other <br />federal, state or local excise, sales, or lease <br />taxes now in force or which may be enacted in the <br />future, all such amounts being the sole and <br />independent responsibility of the City for direct <br />payment to such taxing authority. The prices are <br />inclusive of any gross income or similar taxes and <br />any amount of withholding taxes, Social Security, <br />insurance, and unemployment insurance with respect <br />to the Contractor's employees. <br /> <br />4.3.3 <br /> <br />'"" <br /> <br />4.4 Non-Exclusiveness of Remedies. Any right or remedy of <br />either party provided for in this Agreement, including, but <br />not limited to any guaranty or warranty or any remedy for <br />non-performance, shall be in addition to and not a <br />limitation of any right or remedy otherwise available by <br />law, equity, or statute. <br /> <br />'-' <br /> <br />Primary Agreement <br /> <br /> <br />Page 12 <br />