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ob <br />i <br />5.2 If the work is stopped or delayed for more than three (3) months, either in whole or in <br />substantial part, either the County or CONTRACTOR may elect to terminate the contract <br />because of such delay. If such stoppage or delay is due to actions taken by the County within <br />its control, CONTRACTOR'S sole remedy under the contract shall be reimbursement for costs <br />reasonably expended in preparation for or in performance of the contract plus <br />CONTRACTOR'S lost profit for the period of CONTRACTOR'S performance on the jobsite. <br />5.3 If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or <br />other such cause complete'! beyond the control of either the County or CONTRACTOR, then <br />the time for completion of the contract shall be extended for a period equivalent to the time lost <br />by reason of any of the aforesaid causes. <br />6.0 WARRANTY/GUARANTEE <br />6.l CONTRACTOR warrants and guarantees to OWNER that all materials will be new <br />unless otherwise specified and that all work will be of good quality and free from defects and in <br />accordance with the Specifications.. <br />6.2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective <br />materials or workmanship which appear within one (1) year from the date of completion of the <br />work. <br />6.3 No provision contained in these Specifications shall be held to limit CONTRACTOR'S <br />liability for defects to less than the legal limit of liability in accordance with law. <br />6.4 No provision contained in these Specifications shall be held to limit the terms and <br />conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials <br />and equipment to be installed with Manufacturer's full warranty as to parts and service for one <br />(1) year wherever possible. <br />7.0 NOTICES <br />7.1 Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have <br />been properly sent when mailed to the CONTRACTOR at the address provided on the bid <br />form. <br />7.2 Notices to the County shall be deemed to have been properly sent when mailed to the <br />Purchasing Director of the County at the address stated for the mailing of bids on the Invitation <br />to Sid. <br />8.0 DISPUTE <br />8,1 Except as otherwise provided in this contract, any dispute concerning a question of fact <br />or of interpretation of a requirement of the contract which is not disposed of by mutual consent <br />between the parties shall be decided by the County Manager, who shall reduce the decision to <br />writing and furnish a copy thereof to the parties. In connection with any dispute proceeding <br />under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in <br />support of its version of the facts and inter pretation of the contract. <br />8.2 The County Manager shall make such explanation as may be necessary to complete, explain <br />or make definite the provisions of this contract and the findings, and conclusions shall be final <br />and binding on both parties. Pending the final decision of a dispute thereunder, <br />19 <br />