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r tars. <br />Non -Waiver: The Customer expressly acknowledges TEEX is an agency of the State of Texas and nothing in the Agreement <br />will be construed as a waiver or relinquishment by TEEM of its right to claim such exemptions, privileges, and immunities <br />as may be provided by law. <br />Conjfdeatfality: Customer acknowledges that TEEX is obligated to strictly comply with the Public information Act, Chapter <br />552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. <br />Representations and Warranties: If Customer is a corporation or a limited liability company, Customer warrants, <br />represents, covenants and agrees that it is duly organized, validly existing and in good standing underthe laws of the state <br />of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, <br />that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement, and the <br />individual executing the Agreement on behalf of Customer has been duly authorized to act for and bind Customer, <br />Use ojPurchase Orders: To the degree that either or both of the parties hereto find it convenient to employ their standard <br />forms of purchase order or acknowledgment of order in administering the terms of this Agreement, it or they may do so <br />but none of the terms and conditions printed or otherwise appearing on such form shall be applicable except to the extent <br />that it specifies information required to be furnished by either party hereunder. The terms proposed by any such form are <br />specifically objected to and shall not be used as a basis for any contract. <br />Force Majeure: Neither party is required to perform any term, condition, or covenant of the Agreement, if performance is <br />prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the <br />cause of which Is not reasonably within the control of such party and which by due diligence it is unable to prevent or <br />overcome. <br />Savings Clause: if a court of competent jurisdiction finds any provision of this Addendum and the Customer's Contract <br />Form illegal, ineffective or beyond contractual authority of either party, then the offending provision will be stricken and <br />the remainder of the agreement between the parties will remain in effect. ( <br />TEEX CS -8 OGC APPROVED May 2047 <br />Page 2 of 2 <br />