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A.3 Permits and Approvals. The COMPANY shall obtain and pay for all necessary <br /> permits and approvals for the design, installation and operation of the EMs. The CITY shall <br /> exercise its best efforts to assist the COMPANY. The EMs and the operation of the EMs by <br /> the COMPANY shall at all times conform to all applicable codes. The CITY cannot and will <br /> not waive any permits or approvals required from any other governmental bodies. <br /> The COMPANY shall furnish copies of each permit or license which is required to <br /> perform the Work to the CITY before the COMPANY commences the portion of the Work <br /> requiring such permit or license. <br /> If the COMPANY observes that any of the Project Documents are at variance with <br /> permits or licenses granted, or laws, ordinances, codes, rules or regulations of governmental <br /> authorities, the COMPANY shall promptly notify the CITY in writing and shall make any <br /> necessary changes, subject to the approval thereof by the CITY in accordance with the terms <br /> of this Agreement. If the COMPANY performs any Work which is contrary to any permit or <br /> license granted, or any applicable laws, ordinances, codes, rules or regulations, the <br /> COMPANY shall make changes as required to comply therewith and shall bear all costs <br /> arising therefrom without additional compensation from the CITY. <br /> AA Royalties and Patents The COMPANY shall pay all royalties and license fees due <br /> to third parties in connection with the Work. The approval of any method of construction, <br /> invention, appliance, process, article, device, material or equipment of any kind by the CITY <br /> will only be an approval of its adequacy for the Work, and will not be an approval of the use <br /> thereof by the COMPANY in violation of any Patents or other rights of any third person. The <br /> COMPANY shall indemnify the CITY against all suits and claims that may be, based on an <br /> infringement of Patents, trademark or trademark on designs. <br /> A.5 Project Schedule. The COMPANY shall consult with the CITY concerning the <br /> development of a detailed Project Installation Schedule and, recognizing that time is of the <br /> essence of this Agreement, shall perform the Work in such manner and with such sufficient <br /> equipment and forces to complete the Work in accordance with Schedule J. <br /> A.6 Extensions. Extensions of time will be allowed for delays which affect critical items <br /> on the Project Installation Schedule arising from unforeseeable causes beyond the <br /> control and without the fault or negligence of the COMPANY. <br /> A request for an extension of time must be made in writing to the CITY within fifteen <br /> (15) calendar days after the cause of delay. In the case of a continuing cause of delay, only <br /> one request is necessary. The grant of an extension of time to the COMPANY shall not impair <br /> or prejudice the rights of the CITY hereunder. <br /> A.7 Compensation for Delay. <br /> (a) Certain risks and uncertainties in connection with the Work are assumed by <br /> the COMPANY as a part of this Agreement and are included in the COMPANY Compensation <br /> for the Work. Thus, the COMPANY, except as otherwise definitely specified herein, shall bear <br /> all loss or damage for hindrances or delays during the progress of any portion of the Work and <br /> also all loss or damage arising out of the nature of the Work to be done, or from inclement <br /> weather, or from any unforeseen and unexpected conditions or circumstances encountered in <br /> connection with the Work, and except as otherwise definitely specified in this Agreement, no <br /> payment shall be made by the CITY for such loss or damage. <br /> 24 <br />