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10.4. Indian River County as Owner desires to comply with the Direct Purchase Procedures set forth in this Article 10 for allowable purchases in an amount in excess of $5,000 (Five Thousand Dollars). Contractor agrees to cooperate with Owner to enable Owner to comply with the Direct Purchase Procedures set forth in this Article 10 for all such purchases. Whenever the Contract Documents conflict with the direct purchase procedures set forth in this Article 10, this Article 10 shall prevail. Owner and Contractor shall coordinate the builder' s risk coverage of each party to comply with the Direct Purchase Procedures set forth herein for such purchases. 10. 5 . Upon delivery of Owner direct purchase materials to the Project site, the Contractor shall, pursuant to the Contract Documents, inspect, accept delivery of, and store Owner direct purchase materials pending incorporation into the Project. Contractor shall forward proof of delivery acceptance to the Owner' s Project Manager. Notwithstanding the transfer of possession of Owner direct purchase materials to the Contractor, Indian River County as Owner retains title to the Owner direct purchase materials and the transfer of possession shall be deemed a bailment until the Owner direct purchase materials are incorporated into the Project. IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the flay and year first written above. This Agreement will be effective on t ��—, 2009. CONTRACTOR OWNER Indian River County Burd of County Summit Construction Management Inc. Commissioners 13 By ; v _ ,- � ;� _ _ e ey S. Davis, Chemarr Wil iam B . Schuh, President p Attest: J. K. Barton, Clerk Attest: t 6 C J L ^ ; _� I A (CORPORATE SEAL) By (: c, os_ t Deputy Clerk pproved By : �1 y eph A. B ' d, County Administrator pd as to Form and Legal Sufficiency : . Feil, S ruor ssistant County Attorney 005304 jb2075.doc 132