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the subject of a claim of infringement of a United States patent or copyright, then, without <br /> diminishing Seller's obligation to satisfy any final award or to defend and indemnify City against <br /> such claim pursuant to paragraph 10.8.2, Seller shall, at City's option, procure for City the right <br /> to coritinue using the alleged infringing product, or modify the product so that it becomes non - <br /> infringing. If neither of the above can reasonably be done, or if use of such product by City <br /> shall be prevented by permanent injunction, Seller shall take back the infringing product and <br /> furnish a replacement that substantially matches the performance of the infringing product. <br /> 10.9 Additional Purchases. After acceptance, City may purchase additional equipment and <br /> components for the System beyond those constituting the System delivered under the Contract. Such <br /> purchases shall be at the same unit cost or less and on the same terms and conditions as contained <br /> in this Contract, unless otherwise mutually agreed by the parties, or unless directly caused by factors <br /> beyond the control of Seller (e.g. third party price changes), for one year after the effective date of <br /> this Contract. <br /> 10.10 City Peripheral Equipment. City shall have the right to connect equipment manufactured <br /> or supplied by third parties to the System, including, but not limited to, peripheral equipment, <br /> computers, other communications equipment, terminal devices, and the like. If such connection is <br /> likely to interfere in any way with Seller's ability to perform the Work, City shall notify Seller at least <br /> five days prior to any such connection, and Seller shall make or supervise the interconnection and <br /> supply any required interface devices and paid by City at Seller's applicable time and material rates. <br /> Repair of damage or any increase in Seller's service time attributable to an alteration or attachment <br /> shall be paid by City at Seller's applicable time and material rates. <br /> 11 Interpretation of Contract. <br /> 11.1 Standard Contract Provisions. City's standard contract provisions, attached hereto, are <br /> hereby made a part of this Contract and will be a part of any purchase orders or subcontracts awarded <br /> by Seller hereunder, as applicable. Seller is responsible for having read and understood the standard <br /> contract provisions. <br /> 11.2 Compliance with Applicable Law. Seller shall comply with all applicable federal, state <br /> and local laws, statutes, ordinances, regulations and codes during performance of the Work. Changes <br /> in the Work required as a result of changes in applicable law shall be subject to the provisions of <br /> paragraph 6.3 of this Contract pertaining to change orders. <br /> 11.3 Applicable Laws. The provisions of this Contract shall be construed in accordance with <br /> the laws of the State of Oregon and any provision of this Contract in conflict therewith is void. Any <br /> action or suit involving the terms and conditions of this Contract shall be brought in the courts of the <br /> State of Oregon or the United States District Court for the State of Oregon. <br /> 11.4 Severabilitv. The terms and conditions of this Contract are severable. If any term or <br /> condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, <br /> this invalidity shall not affect other terms, conditions or applications which can be given effect without <br /> the invalid - term, condition, or application. <br /> 11.5 Waiver. Waiver of any breach of any term or condition of this Contract shall not be <br /> deemed a waiver of any prior or subsequent breach of the same provision or of any other provision. <br /> No inspection, payment or order for payment of money, acceptance of the whole or any part of the <br /> Work, or extension of time shall operate as a waiver of any provision of this Contract, or of any power <br /> Purchase Contract - 9 <br />