5.2 ERMUSR 03-14-2023 - Laserfiche WebLink

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Elk River Municipal Utilities 17 SupplierCore & Main LP delay in achieving ISAT or FSAT; when such failure or delay is substantially caused by delays in installation of meters and equipment, or faulty or improper installation of meters and equipment, by ERMU or other third parties not under the direction or control of Supplier. Achieving completion and acceptance of ISAT and FSAT are not subject to liquidated damages. Supplier shall promptly notify ERMU of any failure to meet the milestones in the schedule set forth in this section set forth in Attachment V, as may be amended from time to time by the Parties in a written amendment and provide a proposed remediation plan. ERMU will have ten (10) days to consider and respond to Supplier’s plan without assessment of liquidated damages. If the parties cannot reach agreement, ERMU shall be entitled to claim liquidated damages upon written notice and at the expiration of the ten (10) day period. 22. Supplier Representations In order to induce ERMU to enter into this Agreement, Supplier makes the following representations and warranties: (a) Supplier has examined and studied this Agreement and the appendices with both the commercial/sales team, Supplier Management, and legal representatives. (b) Supplier has fully acquainted itself with ERMU’s service territory and Sites where the AMI System will be installed, including the design, availability of materials, existing facilities, general topography, accessibility, soil structure, subsurface conditions, obstructions, and all other conditions pertaining to this Agreement and made all investigations essential to a full understanding of the difficulties which may be encountered in performing the Work, providing the AMI System, and achieving the Coverage Commitment. Supplier assumes full and complete responsibility for meeting the requirements of this Agreement and all risks in connection therewith, within such service territory and at such Sites. (c) Supplier is qualified to complete the Work and has or will obtain prior to performing the Work the requisite authority, licensure, capacity, equipment, experience, expertise, and sufficient qualified personnel to perform the Work according to the industry standard of care, in compliance with all applicable laws and regulations, and in accordance with the terms of this Agreement within the timeframe agreed to by the Parties; and (d) Supplier is familiar with and is in compliance with all federal, state, and local statutes, laws, rules, and regulations including but not limited to OSHA, NEC, NESC, and any other regulations that may affect cost, progress, and performance of the Work, and assumes the risk that additional cost may be incurred due to any noncompliance of its proposal with any applicable law or regulatory requirement. 23. Warranty Notwithstanding the acceptance of the AMI System by ERMU or the provision of any certificate with respect to delivery or acceptance of the AMI System, the following warranties shall apply: 209