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(a GENERAL TERMS AND CONDITIONS clauses of this Contract shall be determined and governed by the laws of the State of California. N. LATE DELIVERY ASSESSMENT: The Vendor agrees to pay late -delivery assessment for any delay in delivery (except those beyond its reasonable control) beyond the date agreed to and shown in the purchase order or contract in an amount equal to the expenses incurred by the City due to the delay, including but not limited to expenses such as rental of like equipment to fulfill the need while awaiting late delivery, added cost of manpower or other resources, or other costs as can be shown to have resulted from delaying receipt of the ordered goods or services. The penalty will be deducted from the amount due to the Vendor under the purchase order or contract. O. LAW AND JURISDICTION: The validity, performance and construction of this order shall be governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. P. PARKING: The City will not provide free parking for delivery services. Parking fees shall not be reimbursable by the City. Q. PAYMENT: Payment by City will be processed within thirty (30) days following receipt of proper invoice evidencing work performed and subject to City accounting procedures. No additional charge will be paid by the City unless expressly included and itemized herein. R. PRICING ADJUSTMENTS: The City requires firm pricing during the initial contract period at minimum. Thereafter, any proposed price increases for follow-on renewal periods (if applicable) will only be allowed with detailed supporting documentation from the manufacturer(s) to support the requested increase. The requested increase will be evaluated by the City, and the City reserves the right to accept, negotiate, or reject such requests. A minimum of thirty days advance notice in writing is required for requests of such adjustments. Should manufacturer's general price to the trade or industry increase during the initial contract period, but no earlier than six (6) months from time of contract execution, Contractor may request an increase to the affected line item(s), provided that costs to the Contractor increased by more than five (5) percent and that such cost increase was not known to or reasonably foreseen by the Contractor at the time of bid submittal. In such cases, requests for price increases must be submitted to the City on Company letterhead and include the following: 1. Item description; 2. Item number and manufacturer's number; 3. Date and amount of manufacturer's price increase; 4. Supporting documentation from the manufacturer; 5. List of new proposed pricing per line item and current pricing (two columns); and 6. Justification for requested price increase(s). City of Santa Ana 11713 No. 23-117A Page 16 of 21