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The acceptance of payment by VENDOR shall constitute a waiver of all claims <br />by VENDOR against the CITY other than those claims made in writing prior to <br />acceptance of payment and still unsettled at the time of payment. <br />D. DELIVERY DATE. All EQUIPMENT and services to be performed that are <br />the subject of this Contract shall be delivered by the VENDOR to the CITY or performed <br />by the VENDOR within sixty (60) days A.R.O. <br />Except as otherwise provided in the CONTRACT DOCUMENTS, no payment or <br />compensation of any kind shall be made to the VENDOR for damages because of <br />hindrance or delay from any cause in the progress of the work, whether such delays be <br />avoidable or unavoidable unless caused by fraud, in bad faith, or with malicious intent to <br />cause damage by the CITY. <br />E. NEW EQUIPMENT. All Equipment and materials incorporated into the <br />EQUIPMENT shall be new equipment and materials. No used or remanufactured <br />equipment or materials shall be incorporated into the EQUIPMENT without VENDOR <br />first having received prior written approval of the same by the CITY. <br />F. TITLE. VENDOR represents and warrants that it shall convey to the CITY, <br />at the time of delivery, good title to all EQUIPMENT free of any liens, encumbrances or <br />title infirmities of any type. If a certificate of title is required under Ohio law, the <br />VENDOR shall provide such certificate of title. If no certificate of title for the equipment <br />is required under Ohio law, the VENDOR shall provide a Bill of Sale for the <br />EQUIPMENT. <br />G. GUARANTIES AND WARRANTIES. Where the CONTRACT <br />DOCUMENTS require the VENDOR or manufacturer to provide a guaranty or warranty <br />or where the EQUIPMENT is accompanied by a manufacturer's or other VENDOR's <br />guaranty or warranty, the VENDOR shall be responsible for obtaining said guaranty or <br />warranty and delivering and, where required, assigning said guaranty or warranty to the <br />CITY. Acceptance of any such guaranties or warranties by the CITY shall be a <br />precondition to final payment. <br />H. SERVICE. The EQUIPMENT shall be completely dealer serviced and <br />conditioned as per the manufacturer's pre - delivery recommendations and the terms of the <br />CONTRACT DOCUMENTS, and all of the Equipment is to be completely installed, or <br />ready for use, as applicable, with all adjustments made which are required to prepare the <br />Equipment for immediate and continuous operation. The Equipment shall conform to all <br />current federal, state, and local government regulations. <br />I. SERVICE POLICY. The VENDOR shall furnish with the Equipment any <br />service policy(ies) covering the Equipment or any part or parts thereof. <br />J. CONTRACT DOCUMENTS. The Contract consists of the CONTRACT <br />DOCUMENTS listed below which are incorporated herein by reference. In the event that <br />any provision of one Contract Document conflicts with the provision of another Contract <br />Document, the provision in the Contract Document first listed below shall govern over <br />6 <br />