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Reso 2024-3716
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Reso 2024-3716
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Last modified
12/17/2024 2:50:54 PM
Creation date
12/17/2024 2:26:22 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3716
Date (mm/dd/yyyy)
09/19/2024
Description
Approving agreement w/ Schindler Elevator Corp., replacement of elevators at Pedestrian Overpass Bridge at Gateway Park.
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Docusign Envelope ID: 41F63DOF-3BC8-4149-8618-1BBEEF49D6F7 <br />Subject Schindler Elevator Modernization Proposal - LSUN-DSPJUJ <br />Page 28 of 31 <br />Date 6/4/2024 <br />15. You agree to pay, as an addition to the price stated herein, the amount of any federal excise tax, state and <br />local sales, use or transaction tax, or increase of any tax, or similar charges based upon the sale, use, <br />ownership or possession of materials and/or equipment imposed by any law enacted after the date of this <br />proposal, or imposed upon you by any existing law. In the event of legislative change to the applicable tax <br />rates, including but not limited sales tax, use tax, excise tax, privilege tax, transaction tax and similar <br />charges, Supplier reserves the right to adjust the contract price accordingly. <br />In the event the customer claims an exemption from sales and/or use tax the customer shall provide a valid <br />executed exemption certificate <br />In the event you claim an exemption which Supplier accepts in good faith and it is later determined by a <br />taxing authority that such exemption does not apply, Schindler reserves the right to adjust the contract price <br />to reflect the change. <br />Customer shall pay any penalty, interest, additional tax, or other charge that may be levied or assessed as <br />a result of the delay or failure, caused by the Customer, to pay any tax or file any return or information <br />required by law, rule or regulation or by this Agreement to be paid or filed by Supplier. <br />If either Party is audited by a taxing authority or other governmental entity in connection with taxes under <br />this Taxes Section, the other Party shall reasonably cooperate with the Party being audited in order to <br />respond to any audit inquiries in an appropriate and timely manner, so that the audit and any resulting <br />controversy may be resolved expeditiously. <br />In the event of governmental changes to applicable tariffs, Schindler reserves the rights to adjust the <br />contract price accordingly to account for all additional cost impacts. <br />We reserve the right to modify price and schedule without penalty due to material or component shortages, <br />increases in inflation and/or material price increases based upon the S&P Material Price Index (MPI). <br />16. We are not responsible for the removal of any hazardous materials. We will take possession, remove, and <br />dispose any elevator equipment not being reused. <br />17. Schindler reserves the right to make technical modifications - in conformity with technological progress <br />and/or safety regulations - to the products and/or to replace the components with components of equal or <br />superior quality at any time until delivery and without further notice. <br />
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