2.5a ERMUSR 06-13-2023 - Laserfiche WebLink

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DocuSign Envelope ID: 58FE3CF5-7330-4F18-9C60-B177A84C616D prior to delivery, such purchase order may be subject to reasonable cancellation charges. Notwithstanding the foregoing, cancellation charges do not apply to purchase order items regarding Software or Services. Transportation and Risk of Loss Distributor shall be responsible for the proper packaging of Equipment provided hereunder and shall exercise reasonable precautions to protect all shipments against damage in transit. The method of transportation and routing shall be at the option of Distributor for delivery to the destination designated by ERMU. Shipping will be F.O.B. destination, freight prepaid by Distributor. Distributor shall be responsible for correcting and collecting for any damage or loss while the Equipment is in transit and prior to receipt of the Equipment. All material and workmanship shall be subject to inspection and testing at reasonable times and places by ERMU before, during, and after performance and delivery. If any loss of or damage to the Work or the AMI System or component thereof occurs prior to delivery to ERMU, ERMU may require that Distributor promptly make all repairs or replacements at no cost to ERMU as necessary to place the Work and AMI System in the condition required by this Agreement. ERMU's failure to inspect or test does not relieve Distributor of any responsibility to perform according to the terms of this Agreement. Acceptance of the AMI System and Work by ERMU shall not constitute acceptance as to latent or hidden defects not subject to discovery upon reasonable inspection or testing. Distributor shall notify ERMU in writing when any Equipment is ready for shipment. In addition to the preceding, a complete packing list, tracking information and test record data file will be provided with each shipment. After delivery and inspection at destination, ERMU will be responsible for any loss, theft, physical damage, or abuse that affects the operation of the AMI System and occurs while AMI System is in the control of ERMU. 10. Amendments and Change Orders Changes to the terms and conditions of this Agreement can only be made by a written amendment signed by duly authorized representatives of both Parties. Changes to the scope of the Work, Agreement price, and schedule can only be made by a written change order signed by duly authorized representatives of both Parties. No other verbal or written communication or action or failure to act on the part of either Party can substitute for a written amendment or change order. Change Order Procedure. Either Party may request a change in the scope of the Work, Agreement price, or schedule by providing a written change order request to the other Party in advance. When a written change order is received, the receiving Party shall respond to the request within ten (10) business days either accepting or denying the requested change. If no response is made within the required time, the change order request will be deemed denied. Elk River Municipal Utilities 10 Core & Main LP