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Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, <br />officers, employees and agents free and harmless from any claim or liability arising out of any <br />failure or alleged failure to comply with the Prevailing Wage Laws. <br />ARTICLE 12 - GENERAL PROVISIONS <br />12.1 Purchases by Contractor. Contractor shall use reasonable efforts to obtain the <br />optimum combination of quality, price, and terms for all purchases for the Facility utilizing its <br />extensive contacts and experience in purchasing golf course related items. Contractor shall not be <br />entitled to any additional compensation for this undertaking other than as set forth herein. In <br />connection with any purchases made by Contractor or an Affiliate of Contractor for the account of <br />City, it is understood that Contractor or such Affiliate may perform services as a representative of <br />the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed <br />on to City, including representatives' fees. In addition, all trade discounts, rebates, and refunds <br />pertaining directly to purchases for the Facility (but excluding refunds and rebates received by <br />Contractor in connection with purchasing or leasing related to all Other Contractor Facilities) shall <br />accrue to the benefit of City. <br />12.2 Purchases from Contractor Affiliates. If any purchases of goods or services for <br />the Facility are made from or through an Affiliate of Contractor, the charges to the Facility for such <br />goods or services shall be on the same terms as those made to Other Contractor Facilities, and such <br />charges shall not exceed the market prices for such goods and services. Contractor shall disclose <br />to City the prices paid by its Affiliates for any such goods and services. <br />12.3 Notices. All notices and communications pursuant to this Agreement shall be <br />addressed as set forth below or as either parry may hereafter designate by written notice and may <br />be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the <br />United States Postal Service as certified or registered mail, return receipt requested, postage <br />prepaid to the addresses stated below; or (c) by deposit with an overnight express delivery service. <br />Such notices and communications shall be deemed effective when actually delivered. <br />CITY: <br />City Clerk <br />City of Santa Ana <br />20 Civic Center Plaza, M-30 <br />Santa Ana, CA 92701 <br />Parks and Recreation Department <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana. CA 92701 <br />-26- <br />