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BT Club Sign Installation ProjectVILLAGE OF OAK BROOK CONTRACT FOR THE OAK BROOK BATH & TENNIS CLUB SIGN INSTALLATION PROJECT Full Name of Contractor: Parvin-Clauss Company Inc. ("Contractor'') Principal Office Address: 165 Tubeway Drive, Carol Stream, Illinois 60188 Contact Person: Matthew J. Sopchyk Telephone Number: (630) 510-2020 TO: Village of Oak Brook ("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Riccardo F. Ginex, Village Manager Contractor warrants and represents that Contractor has carefully examined the Work Site described below and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the "Work": Labor. Equipment Materials and Supolies. Provide, perform, and complete, in the manner specified and described in this Contract, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the Oak Brook Bath & Tennis Club Sign Installation Project as specified in Exhibit A attached hereto, at the Oak Brook Bath & Tennis Club 800 Oak Brook Road, Oak Brook, Illinois 60523 ("Work Site"); 2. Permits. The Village will furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Bonds and Insurance. Procure and furnish all bonds and all insurance certificates and policies of insurance specified in this Contract; 4. Taxes. Pay all applicable federal, state, and localtaxes; 5. Miscellaneous. Do all other things required of Contractor by this Contract; and 6. Qualit . Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the standards of recognized professional firms in performing Work of a similar nature, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, and first quality equipment, materials, and supplies. B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with Quote #101330, dated April 16, 2018, attached hereto as Exhibit A. C. Responsibility for Damage or Loss. Contractor proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as a result of the Work. D. Inspection/Testine/Reiection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and the Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's expense and risk. 2. Contract Price Contractor acknowledges and agrees that Contractor shall take in full payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A. SCHEDULE OF PRICES For providing, performing, and completing all Work, the total Contract Price of $38,845.00 TOTAL CONTRACT PRICE (in writing): Thirty -Eight Thousand Eight Hundred and Forty -Five Dollars B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: 1. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 2. The Village is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of Prices. C. TIME OF PAYMENT It is expressly understood and agreed that a 50% deposit is required and that the remaining balance shall be made upon completion of the work and final approval by the Village. 2 All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this Contract. Each payment shall include Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that all prior payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. 3. Contract Time Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather permitting) following the Village's acceptance of this Contract provided Contractor shall have furnished to the Village all bonds and all insurance certificates specified in this Contract ("Commencement Date"). Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work not later than June 30, 2018 ("Time of Performance"). The Village may modify the Time of Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. 4. Financial Assurance A. Bonds. Contractor acknowledges and agrees that Contractor shall provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village, each in the penal sum of the Contract Price, within 10 days following the Village's acceptance of this Contract. B. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance coverages and limits that shall be maintained at all times while providing, performing, or completing the Work are as set forth in Exhibit B. B. Indemnification. Contractor acknowledges and agrees that Contractor shall indemnify and save harmless the Village its officers, officials, employees and volunteers, against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. Contractor acknowledges and agrees that Contractor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's Representations and Warranties In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: A. The Work. The Work, and all of its components, shall strictly conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto the Village. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation, if applicable, the Prevailing Wage Act, 820 ILCS 130/0.01 et seq.; any other prevailing wage laws; any statutes requiring preference to laborers of specified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification; and any statutes regarding safety or the performance of the Work. Further, Contractor shall have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act during the course of the work. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. 7. Acknowledgements In submitting this Contract, Contractor acknowledges and agrees that: A. Reliance. The Village is relying on all warranties, representations, and statements made by Contractor in this Contract. B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract. D. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. E. Time. Time is of the essence in the performance of all terms and provisions of this Contract and, except where stated otherwise references in this Contract to days shall be construed to refer to calendar days and time. F. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the Village, whether before or after the Village's acceptance of this Contract; nor any information or data supplied by the Village, whether before or after the Village's acceptance of this Contract; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the Work by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercising any right under this Contract; nor any other act or omission of the Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of the Village. G. Severability. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any Person or property shall not be impaired thereby, but the remaining Provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent Of this Contract to the greatest extent permitted by applicable law. H. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities of the parties in accordance with all applicable statutory procedures. I. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of the Village. J. Governing low; Venue. This Contract shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. Venue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. K. Certified Payrolls Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage Act, 8201LCS 130/5, submit to the Village, on a monthly basis, a certified payroll, if applicable. The certified payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such records are true and accurate; (2) the hourly rate paid is not less, if applicable, than the general prevailing rate of hourly wages required by the Prevailing Wage Act; and (3) Contractor or subcontractor is aware that filing a IN WITNESS WHEREOF the parties hereto have caused a nfW to be executed, effective c 018 ATTEST: By: I e New A B) certified payroll that he or she knows to be false is a Claes B misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contractor does not. knowingly rely upon a subcontractor's false certification. Upon two business days' notice, Contractor and each subcontractor shall make available for inspection the records required to be made and kept by the Act: (i) to the Village, its officers and agents, and to the Director of the Illinois Department of Labor and his or her deputies and agents; and (ii) at all reasonable hours at a location within this State. L. Conflict— s o�est. Contractor represents and certifies that, to the best of its knowledge, (1) no elected or appointed Village official, employee or agent has a Personal financial interest in the business of the Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement: (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. M. Exhibits and Other Agreements, If any conflict exists between this Agreement and any exhibit attached hereto or any other Agreement between the parties relating to this transaction, the terms of this Agreement shall prevail. VILLAGE OF OAK BROOK, an Illinois municipal corporation By: VillageManager PARVIN-C PANY INC. By Its hl EXHIBIT A (QUOTE #101330 DATED APRIL 16, 2018) Parvin-Clauss Sign Company Inc. 165 Tubeway Drive Carol Stream, IL 60188 USA Phone: 630-510-2020 Fax: 630-668-7802 Fed ID: 36-3322946 Quote No: 101330 Monday, April 16, 2018 Bill To: OAK BROOK BATH & TENNIS CLUB 800 OAK BROOK ROAD OAK BROOK, IL 60523 We are pleased to present the following project proposal: Line1 PartlD.' SIGN Propose/Amount $38,845.00 Monument Sign- Sandblasted Furnish and install one 3'-6" high by 8'-3" wide, double face, Cedar sign with sandblasted background, raised graphics .5" thick FCO acrylic Oak Brook" stud mounted to the faces, suspension rigid -mount with fabricated steel supports mounted to a 10" cedar beam, four (two each end) vertical cedar uprights with caps and collar base plates painted black, two masonry piers with stone veneer and limestone caps, 6-9.5" over all height, augered concrete foundations and 4" pad. Job is figured as tax exempt, prevailing wages, certified payroll, payment performance bond. Installation Address: 800 Oak Brook Rd. Oak Brook, IL Salesperson: MATHEW J. SOPCHYK Prices are Valid Until Friday, June 15, 2018 Terms: 50% Deposit required; Net 10 upon completion. Parvin-Clauss Sign Company Inc. 165 Tubeway Drive Carol Stream, IL 60188 USA Phone: 630-510-2020 Fax: 630-668-7802 Fed ID: 36-3322946 Quote No: 101330 Monday, April 16, 2018 Please review this quotation and the accompanying design sketches for size dimensions, colors, copy and quality, and bring any required changes to our attention immediately. Note that significant changes may result in revision of quoted price and timeline. Men approved please ipn below and return along with a signed coos of the d Sion sketch to signify acceptance of this proposal and its related terms and conditions Production will not be scheduled until both documents have been received and permits have been approved (if applicable), thus authorizing us to proceed with fabrication as described above. Pricing shown does not include: Any engineering required by the local municipality. Any insurance required in addition to our standard insurance coverages. If additional insurance coverage is required, it will be added to the price of this quote plus 10%. This includes, but is not limited to requests for special endorsements, primary, non-contributory umbrella coverage, waivers of subrogation, performance and payment bonds. Applicable sign permits. If permits are required by the municipality prior to installation, the charges for permits and procurement will be added to the final invoice as a separate cost. This Agreement assumes that installation will involve normal access, soil, and wall conditions. In the event of subsurface obstacles or obstructions in or behind walls, the parties agree to adjust the extra installation costs based on Seller's additional cost. Parvin-Clauss Sign Co., Inc. is not responsible for damage to underground sprinkler systems, property lighting and/or private utilities. Customer shall bring feed wires of suitable capacity and approved type to the location of Display prior to installation and shall pay for all electrical energy used by the display and be responsible for the supply thereof. Should this order cancel for any reason, buyer agrees to pay seller for any time and materials incurred to date including, but not limited to: design sketches, permit municipality fees and procurement, site surveys/checkouts, etc. Thank you for the opportunity to present this quotation for your signage needs. Our services are customized to meet the goals, guidelines and deadlines of your sign project. At Parvin-Clauss, your image is our priority, and commitment to quality is our promise. If you have any questions regarding this quote, please call. Parvin-Clauss Sign Company Inc. 165 Tubeway Drive Carol Stream, IL 60188 USA Phone: 630-510-2020 Fax: 630-668-7802 Fed ID: 36-3322946 Quote No: 101330 Monday, April 16, 2018 TERNS AND CONDMONS This proposal is made for spedaity mnsbuCal equipment and when accepted Is not subject ro mincella[Ion, Seller shall not be responsible for errors in plans, designs, specifications, and drawings fumiened by Buys or for defects caused thereby. Warranty: This agreement carries a 1 year warranty on pans and labor, except for standard manufactured lamps. The display is warranted to be free from functional defects in materials and workmanship at the time of crigmal delivery. The foregoing warranties shall not appy if the equipment has been repaired, other Man by Seller or a service facility designated by the Seller, or altered by anyone other than Seller, o, if the equipment has been subject W abuse, misuse, negligence, accident, vandalism, acts of God or natural disasters beyond Seller's reasonable control. Seller shall rent be liable for any damages or josses other than the replacement of such defective work a material. Whenever Mae are any circumstances on which a claim might be basad, Seller must be IMomnad immediately or the provisions of this warranty may W voided, Title: Tone W all materials and property covered by this agreement shall remain In Seller and shall not he deemed ro constitute apart of the realty to which it may be attached until the Wrchase price is paid in full. Seller is given an express security interest in said material and property both erected and unerected notwithstanding the manner in which such personal property shall be annexal or attached to the renhy. In Me event of default by Buyer, including, but not limited to, payment of any amounts clue and payable, Seller may at once (and without process of law) take possession of and remove, as and when it seas Bt and wherever found, all materials used or Intended for use in this construction of said equipment and any and all Property called for in this contact without being deemed guilty of trespass. Damage: Should any loss, damage or injury result ro said display, from any cause whatsoever, while in possession of Buyer err his agents, such loss, damage or Injury shall not relieve the Buyer from the obligation m pay for the same according M the terms of this agreement. Default: Seller and Dryer mutually racgnim Mat Display is not an article of general trade Or utility but is designed and ls to be constructed, installed and maintained at the request and for the special distinctive uses and purposes of Buyer, that Display is of no value to Seller expept as so used, and that Is a material consideration M Seller. If during the term of this agreement bankruptcy, reorganitabon or insolvency proceedings are mmmalcei by or against Buyer, or if Buyer makes an assignment for the benefit of creditors, or If Buyer discontinues business in the premises wham Display Is looted, Sella may at his option declare the attire unpaid balance immediately due and payable. N the event Saler may employ an attorney to recover Display or collect any sums due under this Agreement Buyer agrees to pay in addition to all sums found clue from; Sella, a reasonable attorney's fee, and all costs of Suit, collection costs and all other expenses incurred in enforcing this Agreement. NI Over due payments under this Agreement which are in arrears move Man ten days following due date under (b) herein, shall bear Interest at the cote of 18% per annum accumulated frim" provided Mat such delinquent charges shall be at least $1 per month. Authority of Agent: it Is understood and agreed that MI5 agreement contains Me entire contract between the partis and that no representative of Sella has authority to charge or modify any terms or representations herein stated. This agreement shall not be considered as mauted undl signed by or on behalf of Buyer and approved by an executive officer of Saler. Delhi": The construction and installation of the display shall be subject M delay by strikes, fines, unforeseen commercial delays or ads of God, or regulations OV resWNms of the government or public authorities or other aadenbl forces, conditions or drwmstances beyond control of Seller. Inspection: Buyer shall Impact the display immediately upon Installation, and shall notify Seller in writing ot any defects or variances therein. in the absence of any such written notifczdon within five (5) clays after Installation, the display shall be deemed in all respects approved and atisfaducy W Buys. Pefmlts and licanses: Seller shall assist Buyer in obtaining all original permits and licenses from public Wthorme; for the installation of the display. Buyer shall obtain the necesary permits from the owner of the premises and others, whose permission is required for the Installation a the display and is responsible that such perm ssion Is not revoked. Revocation of any permit required for the Installation and maintenance of display shall not relieve buyer from the payment of all sums due in accordance with the terms of this agreement. Buyer agrees M obtain all necessary permission for use of all registered trademarks or copyrights used on the display, and agrees M indemnify Seller against any claims in connection therewith. Service WI Cost Of Electricity: Reinforcement of Building: Physical Conditions: Buyer shall bring feed Wires of Suitable capacity and approved type to the location of Display prior to Installation and shall pay for all electrical energy used by the display and be responsible for the Supply thereof. Buyer Shall provide for necessary reinforcements to Me building on which Display is instaial. Buyer Shall pay fa cents Of relocating power livres, or other obstacles to comply with laws of federal, State or Munidml Agencies. This Agreement assumes that installation will involve normal access, soil, and wall m ilitlons. In the event of subsurface obstacles or Obstructions in or behind walls, the parties agree to adjust the extra installation costs based on Sella's additional tort. Customer Signature Customer Name Printed Date ��_ EXHIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers, or agents. (2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.