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FIELD TURF INC.
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FIELD TURF INC.
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Last modified
1/3/2012 3:00:50 PM
Creation date
11/4/2010 8:56:37 AM
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Contracts
Company Name
FIELD TURF INC.
Contract #
A-2010-097
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
6/21/2010
Destruction Year
0
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and delivered to Supplier <br />Any such use will be deemed as Acceptance of the field, triggering final payment and will automatically void <br />any and all warranty of the work, subject to the reinstatement of the Warranty later at the discretion of the <br />Supplier upon the signing of the Certificate of Completion and final payment. <br />The Customer shall prohibit use of the field if the Customer alleges said field to be incomplete or dangerous. <br />For greater security, in the event that the Customer deems the field to be incomplete or dangerous the <br />Customer will immediately notify its insurers of this additional risk. <br />6. INSTALLATION. <br />The installation of the Product shall be performed by Supplier's designated and approved installers (listed in <br />section 1). The Customer agrees to allow representatives of Supplier all necessary uninterrupted access and <br />suitable staging area to the site for purposes of installation, and inspection. All lighting and electrical supply <br />must be operational during the installation process. <br />Force Majeure. No Party shall be liable for delay or failure to perform under this Commitment to Upgrade if <br />such delay or failure is due to any contingency beyond its reasonable control, including acts of God, war, <br />explosion, tire, flood or civil disturbance or labor actions, disputes and disruptions by the employees or sub- <br />trades of either Party hereto or delay or destruction caused by public carrier. <br />In addition to force majeure, the parties recognize that in certain cases severe weather while not constituting <br />force majeure could delay the installation process of the work contemplated under this agreement. <br />The Supplier shall not be responsible for any acts of violence or vandalism. The Customer holds Supplier <br />harmless and indemnities the Supplier from vandalism and acts of violence regarding the present project. <br />The Customer understands that it is to its benefit and therefore undertakes to accept and store for the <br />length of the warranty period, the remaining synthetic turf left over from the project in case of need. <br />7. PERMITS <br />Although the Supplier is responsible for obtaining its own permits or corporate authorizations, the Customer <br />will use its best efforts to assist the Supplier in obtaining any local pennits or corporate authorizations <br />required. <br />8. ENTIRE AGREEMENT <br />The provisions herein contained constitute the entire agreement between the parties and cancel all previous <br />commmunications, representations and agreements whether verbal or written between the parties with respect to <br />the subject matter hereof. Other than as provided herein Customer hereby acknowledges that it is not relying <br />on any representations of the Supplier as to the performance of the work, except as stated expressly herein. <br />9. NOTICE <br />Supplier shall not entertain any claim for damages caused by itself or by persons for whom it is responsible <br />unless the Customer advises the Supplier in writing of the damage-causing event, including photographs, <br />within 7 days of the event, addressed to the project manager of Supplier. <br />Commitment to Upgrade - Eddie West - Santa Ana Stadium 20 10
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