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AGREEMENT <br /> THIS AGREEMENT, made the _ day of 19_, by and between <br /> The Marley Cooling Tower Company, referred to in these Contract Documents <br /> as "Owner" , and <br /> referred to in these Contract Documents as "Contractor" : <br /> WITNESSETH: <br /> THAT WHEREAS: in accordance with law, Owner has caused Contract <br /> Documents to be prepared for and in connection with the construction of a <br /> full-scale soil flushing system at the Marley Cooling Tower Company, <br /> Stockton, California, facility; and <br /> WHEREAS, Contractor, in response to an invitation by the Owner, has <br /> submitted to Owner, in the manner and at the time specified, a Bid in <br /> accordance with Instructions; and <br /> WHEREAS, Owner has opened, examined, and canvassed the Bid submitted, and <br /> has duly awarded to Contractor a contract therefor, for the sum or sums <br /> named in Contractor's Bid. <br /> NOW, THEREFORE, in consideration of the compensation to be paid to <br /> Contractor and of the mutual agreements herein contained, the parties to <br /> these presents have agreed and hereby agree, Owner for itself and its <br /> successors, and Contractor for itself, himself, or themselves, and its, <br /> his, or their successors and assigns, and its, his, or their executors <br /> and administrators, as follows: <br /> ARTICLE I . The Contractor shall perform all Work under Division(s) <br /> and , including the assumption of all obligations, duties and <br /> responsibi7ities necessary to the successful completion of the contract <br /> and the furnishing of all materials and equipment required to be <br /> incorporated in and form a permanent part of the Work; tools, equipment, <br /> supplies, transportation, facilities, labor, superintendence and services <br /> required to perform the Work; and Letter of Credit or Bonds, insurance <br /> and submittals; all as indicated or specified in the Contract Documents <br /> to be performed or furnished by Contractor for the Work included in and <br /> covered by Owner' s official award of this contract to Contractor, such <br /> award being based on the acceptance by Owner of Contractor' s Bid. <br /> (MARLEY FSSF ) <br /> (CONTRACT NO. 13) A-1 <br /> (11654.812 ) <br />