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the bidder upon nonperformance or violation of contract terms. Goods and /or <br />services may then be purchased on the open market and, the defaulting successful <br />bidder (or his surety) shall be liable to the County for costs to the County in excess <br />of the defaulted contract prices. The successful bidder shall continue their <br />performance under this contact to the extent any part is not terminated under the <br />provisions of this clause. <br />2.18 Patent Indemnity: Except as otherwise provided, the successful bidder agrees to <br />indemnify the County and its officers, agents and employees against liability, <br />including costs and expenses for infringement upon any letters patent of the United <br />States arising out of the performance of the contract resulting from this Invitation to <br />Bid or out of the use or disposal by or for the account of the County supplies <br />furnished or construction work performed hereunder <br />2.19 Certification of Independent Price Determination: By submission of this bid, the <br />bidder certifies, and in the case of a joint bid each party thereto certifies as to its <br />own organization, that in connection with this procurement: <br />(1) The prices in this bid have been arrived at independently, without <br />consultation, communication, or agreement, for the purpose of restricting <br />competition, as to any matter relating to such prices with any other bidder or <br />with any competitor; and <br />(2) Unless otherwise required by law, the bidder has not knowingly disclosed the <br />prices, which have been quoted in this bid directly or indirectly to any other <br />bidder or to any competition prior to the opening of the bid. <br />(3) No attempt has been made or will be made by the bidder to induce any other <br />person or firm to submit or not to submit a bid for the purpose of restricting <br />competition. <br />2.20 Award of Contract: A contract, if awarded, shall be awarded to the lowest <br />responsible bidder taking into consideration quality, performance and the execution <br />time specified in the Invitation to Bid. The County alone shall make such <br />determination. <br />2.21 Qualified Bidder: A Qualified Bidder is defined for purposes of this Invitation to Bid <br />as a party who meets, or by the bid opening deadline can meet, all requirements for <br />licensing, insurance and service contained within this Invitation to Bid. <br />2.22 Compliance with Specifications -Terms and Conditions: The Invitation to Bid, <br />Legal Advertisement, General Conditions and Instructions to Bidders, <br />Specifications, Special Conditions, Bidder's proposal, Addendum and /or any other <br />pertinent document forms constitute a response to this Invitation to Bid and by <br />reference are made a part hereof. <br />2.23 Signed Bid: The signed bid shall be considered an offer on the part of the bidder. <br />It shall be deemed accepted upon approval by the Board of Commissioners of <br />Cabarrus County, the County Manager or their designee. In case of default on the <br />Attachment number 1 <br />F -8 Page 124 <br />