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<br />CHANGES (JAN 2006)
<br />(1) Contract Modification. By a written order, at any time, and without notice to any surety, the Procurement Officer may, subject to all
<br />appropriate adjustments, make changes within the general scope of this contract in any one or more of the following:
<br />(a) drawings, designs, or specifications, if the supplies to be fumished are to be specially manufactured for the [State] in accordance
<br />therewith;
<br />(b) method of shipment or packing;
<br />(c) place of delivery;
<br />(d) description of services to be performed;
<br />(e) time of performance (i.e., hours of the day, days of the week, etc.); or,
<br />(f) place of performance of the services. Subparagraphs (a) to (c) apply only if supplies are furnished under this
<br />contract. Subparagraphs (d) to (f) apply only if services are performed under this contract.
<br />(2) Adjustments of Price or Time for Performance. If any such change increases or decreases the contractor's cost of, or the time
<br />required for, performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made
<br />in the contract price, the delivery schedule, or both, and the contract modified in writing accordingly. Any adjustment in contract price
<br />made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. Failure of the parties
<br />to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the State promptly
<br />and duly make such provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work,
<br />the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.
<br />(3) Time Period for Claim. Within 30 days after receipt of a written contract modification under Paragraph (I) of this clause, unless
<br />such period is extended by the Procurement Officer in writing, the contractor shall file notice of intent to assert a claim for an
<br />adjustment. Later notification shall not bar the contractor's claim unless the State is prejudiced by the delay in notification.
<br />(4) Claim Barred After Final Pa}nnent. No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given
<br />prior to final payment under this contract.
<br />[07-7B025-1]
<br />CISG (JAN 2006)
<br />The parties expressly agree that the UN Convention on the International Sale of Goods shall not apply to this agreement. [07-7B030-1]
<br />CONTRACT LIMITATIONS (JAN 2006)
<br />No sales may be made pursuant to this contract for any item or service that is not expressly listed. No sales may be made pursuant to this
<br />contract after expiration of this contract. Violation of this provision may result in termination of this contract azid may subject contractor
<br />to suspension or debarment. [07-7B045-1]
<br />CONTRACTOR'S LIABILITY INSURANCE (JAN 2006)
<br />(1) Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in South Carolina such
<br />insurance as will protect the contractor from the types of claims set forth below which may arise out of or result from the contractor's
<br />operations under the contract and for which the contractor may be legally liable, whether such operations be by the contractor or by a
<br />subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a)
<br />claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be
<br />performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the contractor's employees; (c)
<br />claims for damages because of bodily injury, sickness or disease, or death of any person other than the contractor's employees; (d) claims
<br />for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the work itself, because of injury to
<br />or destruction of tangible property, including loss of use resulting therefrom; (f) claims for damages because of bodily injury, death of a
<br />person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property
<br />damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the Contractor's
<br />obligations under the provision entitled Indemnification -- Third Party Claims.
<br />(2) Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the
<br />work until date of final payment. Coverage must include the following on a commercial basis: (i) Premises -- Operations, (ii)
<br />Independent Contractor's Protective, (iii) Products azid Completed Operations, (iv) Personal and Advertising Injury, (v) Contractual,
<br />including specific provision for contractor's obligations under the provision entitled Indemnification --Third Party Claims, (vi) Broad
<br />Form Property Damage including Completed Operations, and (vii) Owned, Non-owned and Hired Motor Vehicles.
<br />(3) The insurance required by this paragraph shall be written for not less than the following limits of liability or as required by law,
<br />whichever coverage is greater.:
<br />COMMERCIAL GENERAL LIABILITY:
<br />General Aggregate (per project) $1,000,000
<br />Products/Completed Operations $1,000,000
<br />Personal and Advertising Injury $1,000,000
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<br />Attachment number 3
<br />Page 162 of 433 '
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