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25K - AGMT - WIRELESS SRVS AND EQUIPMENT
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25K - AGMT - WIRELESS SRVS AND EQUIPMENT
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11/19/2012 11:03:22 AM
Creation date
11/19/2012 11:03:14 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25K
Date
11/19/2012
Destruction Year
2017
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colleges, school districts, counties, cities, etc.,) for the states of Alaska, Arizona, California, Colorado, <br />Hawai'i, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington and <br />Wyoming. <br />3. CONTRACT TERM. The Contract shall be effective from $4 ar 4 (9/ ;;IV j? to <br />October 31, 2016, (subject to the WSCA Directors' approval), unless sooner terminated by either Party as <br />specified in paragraph 21 herein. Each Participating Addendum executed in connection with the Contract <br />shall be effective from its corresponding effective date through the end of the Contract's term, unless <br />otherwise specified in that Participating Addendum. Notwithstanding the foregoing, Contractor and the <br />Lead State acknowledge and agree that Contractor may enter into a Participating Addendum with any <br />Participant hereunder on or after this Contract's "effective from "date upon approval of the Lead State. <br />Any such Participating Addendum so executed will be subject to the terms and conditions of this Contract. <br />4. CANCELLATION; NOTICE. The Contract may be canceled by either the Lead. State or <br />Contractor upon written notice sixty (60) days prior to the effective date of the cancellation. Cancellation <br />of the Contract due to Contractor's default may be immediate. Further, any Participant may cancel its <br />Participating Addendum upon thirty (30) days written notice to Contractor, unless otherwise limited or <br />stated in the Participating Addendum. Any cancellation under this provision (a) may be in whole or in part; <br />and (b) shall not effect the rights and obligations attending orders outstanding at the time of cancellation, <br />including any right of any Participating Entity to indemnification by the Contractor, rights of payment for <br />goods/services delivered and accepted, and rights attending any warranty or default in performance in <br />association with any order. <br />5. INCORPORATED DOCUMENTS; ORDER OF PRECEDENCE. The Contract consists of <br />this document, entitled "Master Service Agreement," together with the following incorporated documents; <br />Contractor's Special Terms and Conditions, the Solicitation, and the Response. The document entitled <br />Master Service Agreement together with the Contractor's Special Terms and Conditions are intended by <br />the Parties to be the primary Participating Entity-facing contractual document in connection with the <br />Solicitation. To participate in the Contract, each Participating Entity must do so pursuant to a Participating <br />Addendum. In the event of any conflict between the terms and conditions of any of the documents <br />comprising or related to the Contract, the following order of precedence will control: <br />1. The applicable Participating Addendum and/or Sub-PA; <br />2. The Master Service Agreement; <br />3. Contractor's Special Terms and Conditions (Attachment AA); <br />4. The Solicitation (Attachment BB); <br />5. The Response (Attachment CC); <br />6. Any individual order placed on the Contract by a Participating Entity <br />Notwithstanding the foregoing, Contractor and WSCA expressly acknowledge and agree that the terms and <br />conditions unique to the states of Arizona, Montana, Oregon, and Utah, which were included under <br />Attachment K of the Solicitation, were for informational purposes only and are NOT incorporated into the <br />Contract by inclusion in the Solicitation. <br />Page 3 of 19 <br />25K-5
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