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DEFECTIVE OR DO NOT CONFORM TO SPECIFICATIONS, THE COUNTY RESERVES THE RIGHT TO CANCEL THE ORDER AND RETURN THE PRODUCT TO THE SUCCESSFUL BIDDER AT THE SUCCESSFUL BIDDERS EXPENSE INVOKING THE PROVISIONS OF SECTION 2.14. One failed sample from each order would be considered representative of the entire order and the entire order would be returned. In the event the services rendered do not conform to the specifications in the Invitation to Bid, the County reserves the right to cancel the written notice to the successful bidder. 2.12 Plant and Facility Inspection: The County may require the bidder to make their plant and /or facilities available for inspection or may require the bidder to provide additional information concerning their ability to perform in compliance with the requirements of this Invitation to Bid. Failure to comply with this requirement may be cause for rejection of the bidder's response. 2.13 Guarantee: Unless otherwise specified by the County, the bidder unconditionally guarantees the materials and workmanship on all material and /or services. If, within the guarantee period any defects occur due to faulty material and /or services, the bidder at their expense, shall repair or adjust the condition, or replace the material and /or services to the complete satisfaction of the County. These repairs, replacements or adjustments shall be made only at such time as will be designated by the County to ensure the least impact to the operation of County business. 2.14 NO PUBLICITY OR STATEMENTS TO THE PRESS: No advertising, sales promotion or other materials of the Consultant or its agents or representatives may identify or reference this Agreement or the County in any manner absent the County's prior written consent. As a condition of entering into this Agreement, the Bidder further agrees to refrain from the following absent the County's prior written approval: (i) making any statement to the media regarding the subject matter of this Agreement or the County's position on any issue relating to this Agreement; or (ii) making any statement to the media on any issue which is in the County's judgment likely to cause the Bidder or County staff to be viewed as anything other than neutral with respect to the subject matter of this Agreement, or cast doubt on the competence or integrity of the Bidder. Failure to comply with this Section by the Bidder shall constitute a material breach and, without limiting any other remedies the County may have, shall entitle the County to terminate this Agreement for default. 2.15 Brand Name: If and whenever brand names, makes, names of manufacturers, trade names, bidder catalogs or model numbers are stated, they are for the purpose of establishing a grade or quality of material. The County may accept any approved equal as defined in Section 2.16. 2.16 OR EQUAL Interpretation: It is the bidder's responsibility to prove to the County that each bid item is equal to the grade or quality of material specified. 2.17 Default Provision: The contract resulting from this Invitation to Bid may be canceled or annulled by the County in whole or in part by written notice of default to 6 Attachment number 1 F -8 Page 123