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SOURCEWLL <br />Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions <br />25.6 Sourcewell, its officers, and employees must be included as a named insured. Any Sourcewell <br />Member, its officials, officers, and employees must be included as a named insured when so <br />requested by the Sourcewell Member. <br />26. LIQUIDATED DAMAGES <br />26.1 If provided for in the Invitation for Bid, Sourcewell may assess liquidated damages for each <br />day after the Purchase Order Completion Time that the Detailed Scope of Work is not <br />complete. It is understood and agreed by and between Contractor, Sourcewell and the <br />Sourcewell Member, that time is of the essence in all matters relating to Liquidated Damages. <br />26.2 The liquidated damages shall be determined on a Purchase Order by Purchase Order basis. <br />27. TESTS AND INSPECTIONS <br />27.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents <br />or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction <br />shall be made at an appropriate time. unless otherwise provided, the Contractor shall make <br />arrangements for such tests, inspections and approvals with an independent testing <br />laboratory or entity acceptable to the Sourcewell Member, or with the appropriate public <br />authority. The Contractor shall give the Project Manager timely notice of when and where <br />tests and inspections are to be made so that the Project Manager may be present For such <br />procedures. <br />27.2 If the Project Manager, Sourcewell Member or public authorities having jurisdiction <br />determine that portions of the Work require, through no fault of the Contractor, additional <br />testing, inspection or approval, the Project Manager will instruct the Contractor to make <br />arrangements for such additional testing, inspection or approval by an entity acceptable to <br />the Sourcewell Member, and the Contractor shall give timely notice to the Project Manager <br />of when and where tests and inspections are to be made so that the Project Manager may be <br />present for such procedures. Such costs shall be at the Sourcewell Member's expense. <br />27.3 If such procedures fortesting, inspection or approval reveal failure of the portions of the Work <br />to comply with requirements established by the Contract Documents, all costs made <br />necessary by such failure including those of repeated procedures and compensation for the <br />Project Manager's services and expenses shall be at the Contractor's expense. <br />27.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the <br />Contract Documents, be secured by the Contractor and promptly delivered to the Project <br />Manager. <br />27.5 If the Project Manager is to observe tests, inspections or approvals required by the Contract <br />Documents, the Project Manager will do so promptly and, where practicable, at the normal <br />place of testing. <br />27.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly <br />to avoid unreasonable delay in the Work. <br />28 GOVERNING LAW <br />28.1 The Agreement shall be governed by the law of the place where the Project is located. <br />28.2 Sourcewell's liability shall be governed by the provisions of the Minnesota Tort Claims Act, <br />Minnesota Statutes, Section 3.736, and other applicable law. <br />25 5ectlon ToNio — Contract Cencral Condition:; NiFirch 2011.9 <br />