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ATTACHMENT BB <br />NEGOTIATED ITEMS <br />Quarterly Reports: In the event contractor fails to submit a completed Quarterly <br />Administrative Report pursuant to the dates referenced in Attachment F of the RFP, <br />contractor will be subject to a performance guarantee penalty of one hundred ($100.00) <br />dollars. <br />2. Cost Proposal: <br />o Public Safety Unlimited Data rate plan of $49.99 is exempt from further <br />discounting. <br />o Cingular reserves the right to exempt exclusive devices and rate plan offers <br />from discounting until they become commonly available. <br />o Promotions vary and cannot be combined with contracted discounts. <br />o Cingular will only provide Equipment with Service activated. The <br />Equipment Discount will not apply to upgrade purchases and may not be <br />combined with any other equipment offer. <br />Participating Addendums: Participating Addendums to Master Service Agreement No. <br />10-00115 shall survive the assignment from the Original Lead. State to the Assigned Lead <br />State, and upon the required approval as specified in paragraph 1, shall be effective <br />subject to the terms and conditions of the contracts entered into as a result of State of <br />Nevada RFP 1523. Once the contracts entered into as a result of State of Nevada RFP <br />1523 become effective, each Participating Entity shall have the option of negotiating a <br />new participating addendum, or continuing to participate under the existing Participating <br />Addendum. <br />4. WSCA Special Terms and Conditions: The WSCA Special Terms and Conditions are <br />hereby excluded from the State's Solicitation (RFP 1523); Scope of Work. The State will <br />negotiate the WSCA Special Terms and Conditions on behalf of participating entities and <br />upon final negotiations will incorporate the Terms and Conditions through an amendment <br />to the contract. Participating entities may negotiated or include additional terms and <br />conditions through a Participating Addendum (PA) individually with the contractor. <br />5. Contractor's Response: Contractor's exceptions.to RFP No. 1523 as enumerated in <br />Attachment B shall not supplement, contradict or supersede any State specifications, terms <br />or conditions without written evidence of mutual assent to such change appearing in this <br />Contract; any exceptions to the State's standard contract listed in the Contractor's <br />Response to RFP No. 1523 are not a part of this Contract unless otherwise mutually <br />agreed upon and incorporated in the State's standard contract form as executed by <br />Cingular. . <br />Contractor's Initia s <br />Agency Initials AR <br />Agency <br />