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and payable by the City upon their receipt by the <br />Contractor at the Contractor's development <br />facility, subject to the following: <br />(a) The amount to be paid by the City for such <br />deliverable goods shall be based on the <br />price specified in the Project Deliverables. <br />(b) The Contractor will notify the City in <br />writing of the Contractor's receipt of such <br />deliverable goods at a Contractor <br />development facility. Within five (5) <br />business days of such notice of delivery, <br />the City shall verify the delivery of goods <br />by either (i) acceptance of the Contractor's <br />certification of goods received and receipt <br />of a copy of the packing list(s), or (ii) a <br />physical on-site inspection at the City's <br />expense. The City's failure to verify the <br />goods within such 5-day period shall waive <br />the City's right to object to or reject such <br />goods. <br />4.3.3 Taxes. The prices set forth herein do <br />not include California sales tax or any other <br />federal, state or local excise, sales, or lease <br />taxes now in force or which may be enacted in the <br />future, all such amounts being the sole and <br />independent responsibility of the City for direct <br />payment to such taxing authority. The prices are <br />inclusive of any gross income or similar taxes <br />and any amount of withholding taxes, Social <br />Security, insurance, and unemployment insurance <br />with respect to the Contractor's employees. <br />4.4 Non-Exoluaiveness of Remedies. Any right or remedy of <br />either party provided for in this Agreement, including, but <br />not limited to any guaranty or warranty or any remedy for <br />non-performance, shall be in addition to and not a <br />limitation of any right or remedy otherwise available by <br />law, equity, or statute. <br />Primary Agreement June 15, 2006 Page 14 <br />