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25A - AGMT W/ VERIZON
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25A - AGMT W/ VERIZON
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Last modified
11/25/2020 12:13:49 PM
Creation date
11/25/2020 12:06:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25A
Date
12/1/2020
Destruction Year
2025
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d. Unless otherwise specified in the Participating Addendum, in the event of a default under a <br />Participating Addendum, a Participating Entity shall provide a written notice of default as <br />described in this section and shall have all of the rights and remedies under this paragraph <br />regarding its participation in the Master Agreement, in addition to those set forth in its <br />Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity <br />shall provide written notice of default as described in this section and have all of the rights and <br />remedies under this paragraph and any applicable Participating Addendum with respect to an <br />Order placed by the Purchasing Entity. Nothing in these this Master Agreement Terms and <br />Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity <br />under the applicable state commercial code or UCC. <br />e. In the event a Purchasing Entity is using Products in a way that is prohibited under this Master <br />Agreement, the Contractor shall provide fifteen (15) days written notice to the Purchasing Entity <br />and to the Lead State of the prohibited activity, with specificity, and of its intent to cancel the <br />Order in whole or in part, during which time the Purchasing Entity may cure the prohibited <br />activity. If after fifteen (15) days the Purchasing Entity does not cure the prohibited activity, the <br />Contractor may cancel the Order in whole or in part. <br />In the event a Purchasing Entity is suspected of using Products or services in a way not <br />contemplated under this Master Agreements and detrimental to the Contractor, the Contractor <br />may suspend any Products affected under this paragraph in whole or in part, entered into as a <br />result of this Master Agreement. Upon suspension, the Contractor shall work with the Lead State, <br />Participating State and Purchasing Entity to reach and document the resolution, including but not <br />limited to Amending the Master Agreement, as may be agreed to by the Contractor and the Lead <br />State. <br />Further, any Participating State may cancel its participation upon thirty (30) days written notice, <br />unless otherwise limited or stated. Cancellation may be in whole or in party. Any cancellation <br />under this provision shall not affect the rights of any Participating Entity to indemnification by <br />the Contractor, Contractor's rights of payment for goods/services delivered and Accepted, <br />NASPO ValuePoint's rights to payment of Administrative Fees, and each party's rights attending <br />any warranty or default in performance in association with any order. <br />31. Waiver of Breach <br />Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce <br />any rights and remedies shall not operate as a waiver under this Master Agreement or <br />Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity <br />must be in writing. Waiver bythe Lead State or Participating Entity of any default, right or remedy <br />under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect <br />to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a <br />Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any <br />subsequent default or breach of such term or requirement, or of any other term or requirement <br />under this Master Agreement, Participating Addendum, or Purchase Order. <br />VerizefiSiA(a FWt A <br />
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