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B. If any service becomes, or in the contractor's opinion is likely to become <br />the subject of a claim of infringement, the contractor shall at its option and <br />expense: <br />1. provide a purchasing entity the right to continue using the <br />service; <br />2. replace or modify the service so that it becomes non- infring- <br />ing; or <br />3. ternrinate the service and refund an amount equal to the <br />depreciated value of the returned product, less the unpaid <br />portion of the purchase price and any other amounts which <br />are due to the contractor. <br />C. To the extent allowed by law, contractor agrees to pass - through to purchasing <br />entity any manufacturer warranties. <br />13. Pdre. Gi 7arantPes <br />The procuring agencies shall pay the lower of the prices contained in the SES or an <br />announced promotion price, educational discount price, general price reduction price or <br />large order negotiated price. Only general price reduction price decreases will apply to all <br />subsequent orders accepted by contractor after the date of the issuance of the revised <br />prices. Contractor agrees to maintain SES service and product prices in accordance with <br />the volume price discount guarantees filed with the agreement administrator. <br />The contractor agrees to maintain the SES in accordance with the following provisions: <br />A. The SES prices for products and services will conform to the guaranteed <br />prices discount levels. <br />B. The contractor may change the price of any product or service at any time <br />without prior written notice, based upon list price changes, but the <br />guaranteed price discount levels shall remain unchanged during the agreed <br />period. <br />C. The contractor may make service and product model changes, add new <br />services or products, product upgrades or services to the SES at any time <br />and the pricing for the same shall incorporate, to the extent possible, <br />similar or comparable price discount levels provided herein, as agreed by <br />the parties. <br />D. The contractor agrees to delete obsolete and discontinued products from <br />the SES on a timely basis. <br />