R95-162 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT

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� . , � (5) Provide a designated work area with adequate heat and light, and a secure storage area for equipment delivered to the PURCHASER. The PURCHASER shall be solely liable for loss or damage to equipment prior to, during and following installation when such equipment is on or within PURCHASER's facilities and/or vehicles. Section 2 SITES This agreement is predicated on the utilization of sites and site configurations, which have been selected either by the PURCHASER or by MOTOROLA as contained in the MOTOROLA proposal. In either situation, should it be determined by either MOTOROLA or PURCHASER during the course of performance on this Agreement that the sites or configuration selected are no longer available or desired, new or replacement sites or configuration will be selected and approved by both MOTORO�A and the PURCHASER. If any price adjustments are necessary as a result of these new or replacement sites, such price adjustments will be added to this Agreement by change order in accordance with Section 4 of the General Provisions. Section 3 SUBSURFACEISTRUCTURAL CONDITIONS This Agreement and the MOTOROLA proposal are predicated upon normal soil conditions defined by E.I.A. standard RS-222 (latest revision). Should MOTOROLA encounter subsurtace, structural, and/or latent conditions at any site differing from those, indicated on the specifications, or as used in the preparation of the bid price, the PURCHASER will be given immediate notice of such conditions before they are further disturbed. Thereupon, MOTOROLA and the PURCHASER shall promptly investigate the conditions and, if found to be different, will adjust the plans and/or specifications as may be necessary. Any changes which cause an adjustment in the contract price or in time required for the performance of any part of the contract shall result in a contract modification in accordance with Section 4 of the General Provisions. Section 4 PERIOD OF PERFORMANCE � A. MOTOROLA shall complete the work in accordance with the following schedule: (1) Delivery of Equipment by March 15, 1995. (2) Installation of Equipment completed within 4 weeks of Delivery. (3) Final Acceptance/Completion of Acceptance Test within 2 weeks of Installation. B. Whenever MOTOROLA knows or reasonably should know that any actual or potential condition due to circumstances beyond its control is delaying or threatens to delay the timely performance of the work, MOTOROLA shall within thirty (30) days give PURCHASER notice thereof and may request an extension of time to perto�m the work. C. In order to successfully integrate and implement this project, shipments will be made F.O.B. Destination to PURCHASER facilities, local MOTOROLA staging facilities, Contract No. 95-10192/IL 2 11/1M95