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4) Liquidated Damages . COUNTY is entitled to liquidated damages to <br /> be paid in accordance with Article 38 , Liquidated Damages , by Contractor <br /> or Contractor' s legal representative . <br /> Article 26 . Patents - Contractor shall pay all royalties and assume all costs arising <br /> from the use of any invention , design , process , materials , equipment , product or device <br /> in performance of the work , which is the subject of patent rights or copyrights . <br /> Contractor shall , at its own expense , hold harmless and defend County against any <br /> claim , suit , or proceeding brought against County which is based upon a claim , whether <br /> rightful or otherwise , that the work , or any part thereof, furnished under this Contract <br /> constitutes an infringement of any patent or copyright of the United States . Contractor <br /> shall pay all damages and costs awarded against County . <br /> Article 27 . Warranty - Contractor warrants that the work shall conform to <br /> professional standards of care and practice in effect at the time the work is performed , <br /> be of the highest quality , and be free from all faults , defects or errors . <br /> Article 28 . Correction Of Work - Contractor shall promptly correct all work rejected <br /> by County ' s designated representative as faulty , defective , or failing to confirm to this <br /> Contract whether observed before or after substantial completion of the work , and <br /> whether or not fabricated , installed , or completed . Contractor shall bear all costs of <br /> correcting such rejected work . <br /> Article 29 . Right To Audit - Contractor shall retain and maintain all records and <br /> documents relating to this Contract and shall make them available at all reasonable <br /> times for inspection and audit by County , during the term of this Contract and for a <br /> period of three ( 3 ) years after the expiration of this Contract . The Contractor' s <br /> accounting records and all supportive documentation shall be maintained in such a <br /> manner as to provide for a separation between direct and indirect costs . <br /> Article 30 . Time Is Of The Essence - The parties agree that time is of the essence <br /> in the completion of the work called for under this Contract . Contractor agrees that all <br /> work shall be performed regularly , diligently , and in an uninterrupted manner at such a <br /> rate of progress as will ensure full completion thereof within the time specified . <br /> Article 31 . Information - All information , data , designs , plans , drawings , and <br /> specifications furnished to or developed for County by Contractor or its employees , <br /> pursuant to this Contract , shall be the sole property of County and all rights therein are <br /> reserved by County , except that Contractor may disclose any such information to its <br /> corporate affiliates and their agents . <br /> Article 32 . Extra Work — <br /> A . County , without invalidating this Contract , may order changes in the work within the <br /> general scope of this Contract consisting of additions , deletions , or other revisions , <br /> Contract price and time being adjusted accordingly . All such changes in the work shall <br /> be authorized by a written Addendum to this Contract , and shall be executed under the <br /> applicable conditions of this Contract . <br /> B . If Contractor plans to make a claim for an increase in Contract price or an extension <br /> in Contract Schedule/Term , he shall first give County ' s designated representative written <br /> indianrivercontract4001 . doc Page 7 of 25 <br /> Document last printed 05/ 18/00 10 : 39 AM <br />