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Annexure"A" <br />ADDENDUM TO PURCHASE ORDER NO 22-01752 <br />between <br />COCHRANE USA INCOPRATED <br />("the Supplier") <br />And <br />PUBLIC WORKS DEPARTMENT CITY OF SUNNY ISLES BEACH <br />("the Purchaser") <br />WHEREAS: The Purchaser and the Supplier exchanged contractual documentation pursuant to the above <br />Purchase Order. Both the Purchaser and Supplier would like to add the below terms and <br />conditions as express terms to the Purchase Order, dated 17 August 2022, for the supply of <br />various fencing material. <br />AND WHEREAS: <br />1. The parties wish to amend their Purchase Order's terms and conditions to reflect the changes as per <br />the addendum; <br />2. Subject to the amendments set out herein, the same terms and conditions as per the abovementioned <br />Purchase Order shall prevail. <br />NOW THEREFORE, IT IS AGREED THAT: <br />1. Amendment: <br />1.1. The Purchaser and Supplier hereby agrees to the following amendments to the Purchase Order: <br />1.1.1 Delivery Required: "09/30/2022" to be changed to: "11/20/2022". <br />1.1.2 Clause 3: The following to be removed: "Acceptance" <br />and replaced by: "receipt of payment in full in favour of the seller." <br />1.1.3 Clause 4: The following to be added -"At all times be subject to the Supplier's standard <br />warranty terms and conditions." <br />1.1.4 Clause 5: The following to be removed: "Seller agrees to pay all damages, costs and attorney's <br />fees incurred in the defence of any such claim." <br />and replaced by: "Seller shall indemnify, defend and hold harmless Buyer for all damages, <br />losses and liabilities, including all costs and attorney's fees incurred in the defence of any such <br />claim, arising out of (1) the operations of Seller pursuant to this Purchase Order, including but <br />not limited to those caused or arising out of a defective condition in the goods, whether patent <br />or latent, provided that such defect existed at the time of shipment by Seller; (2) infringement <br />of any United States patent, trademark or copyright for or on account of the use of any product <br />sold to the Buyer and/or (3) any negligent act, error or omission by the Seller, or its employees, <br />agents, subcontractors or assignees in connection with services performed under this <br />,J-, a <br />