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the Contract, and that the Deliverables are free and clear <br />of all liens, claims, security interests and encumbrances. <br />The Contractor shall indemnify and hold the City <br />harmless from and against all adverse <br />title claims to the Deliverables. <br />15. Modifications. This Agreement may be modified by <br />awritten amendment signed by both parties to <br />the Agreement. <br />16. Warranty -Price. <br />a. The Contractor warrants the prices quoted in <br />the <br />bid/proposal are no higher than the <br />Contractor's current prices on orders by others for <br />likegoods undersimilar terms of purchase. <br />b. The Contractor certifies that the prices in <br />the bid/proposal have been arrived at <br />independently without consultation, <br />communication, or agreement for the purpose of <br />restricting competition, as to any matter relating to <br />such fees with any other frm or with any <br />competitor. <br />c. In addition to any other remedy available, the <br />City may deduct from any amounts owed to the <br />Contractor, or otherwise recover, any amounts <br />paid for items in excess of the Contractor's current <br />prices on orders by others for like goods under <br />similar terms ofpurchase. <br />17. Warranty -Deliverables. The Contractor warrants <br />and represents that all Deliverables sold the City <br />under the Agreement shall be free from <br />defects in design, workmanship or <br />manufacture, and conform in all material respects to <br />the specifications, drawings, and descriptions in the <br />Agreement, to any samples furnished by the <br />Contractor, to the terms, covenants and conditions of <br />the Contract, and to all applicable State, Federal or <br />local laws, rules, and regulations, and industry codes <br />and standards, Unless otherwise stated in <br />the Agreement, the Deliverables shall <br />be new or recycled merchandise, and not used or <br />reconditioned. <br />a. Recycled Deliverables shall be clearly <br />identified as <br />such. <br />b. The Contractor may not limit, exclude or <br />disclaim the <br />foregoing warranty or any warranty implied by <br />law; and any attempt to do so shall be without <br />force or effect. <br />c. Unless otherwise specified in the Agreement, <br />the warranty period shall be at least one (1) year <br />from the date of acceptance of the Deliverables or <br />from the date of acceptance of any replacement <br />Deliverables. If during the warranty period, one <br />or more of the above warranties are breached, the <br />Contractor shall promptly upon receipt of <br />demand either repair the non- conforming <br />Deliverables, or replace the <br />non- conforming Deliverables with <br />fully conforming <br />Deliverables, at the City's option and at no <br />additional <br />cost to the City. All costs incidental to such repair <br />or <br />EDSM Approved on Aug. 22, 2025: One -Year Extension (Clean Version) Page 16 of 25 <br />