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Contractor agrees to activate wireless services and deliver products to procuring agencies <br />within five (5) business days after receipt of a valid purchase order. <br />.. - <br />A party shall be excused from performance under this agreement for any period that the <br />party is prevented from performing as a result of an act of God, strike, war, civil <br />disturbance, epidemic, or court order, provided that the party has prudently and promptly <br />acted to take any and all steps that are within the party's control to ensure performance. <br />Subject to this provision, such non - performance shall not be deemed a default or a ground <br />for termination. <br />Contractor agrees to maintain detailed records pertaining to the price of services rendered <br />and products delivered for a period of three years from the date of acceptance of each <br />purchase order. These records shall be subject to inspection by the purchasing entity and <br />appropriate governmental authorities within the purchasing entity's state. The purchasing <br />entity shall have the right to audit billings either before or after payment. Payment under <br />this agreement shall not foreclose the right of the purchasing entity to recover excessive <br />or illegal payments. <br />The contractor and its agents and employees are independent contractors and are not <br />employees of the State of New Mexico or any participating entity. The contractor has no <br />authorization, express or implied to bind the State of New Mexico, WSCA or any <br />participating entity to any agreements, settlements, liability or understanding whatsoever, <br />and agrees not to perform any acts as agent for the State of New Mexico, WSCA, or <br />participating entity, except as expressly set forth herein. The contractor and its agents and <br />employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or <br />any other benefits afforded to employees of the State of New Mexico or participating <br />entity as a result of this agreement. <br />The contractor may subcontract communication services as well as installation, training, <br />warranty or maintenance services. However, the contractor shall remain solely <br />responsible for the performance of this agreement. All purchasing entity payments for <br />products or services shall be make directly to the contractor. If subcontractors are to be <br />used, the name of the authorized subcontractor(s) shall be identified in the applicable <br />participating addendum(s). <br />11 <br />