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ii) Contractor or Authorized Dealer must notify a Purchasing Entity, in writing, of their End <br />of Term (EOT) options at least sixty (60) to ninety (90) days prior to the end of any Initial <br />Lease or Rental Term. Such notification may include, but not be limited to, the following: <br />1) Any acquisition or return options, based on the type of lease or rental agreement; <br />2) Any renewal options, if applicable; and/or <br />3) Hard drive removal and surrender cost, if applicable. <br />iii) If a Purchasing Entity desires to exercise a purchase, renewal, or return of the Equipment, <br />it shall give Contractor at least thirty (30) days written notice prior to the expiration of <br />such lease or rental tens. Notwithstanding anything to the contrary, if Purchasing Entity <br />fails to notify Contractor of its intent with respect to the exercise of a purchase, renewal, <br />or return of the Equipment, the Initial Lease or Rental Term shall be terminated on the <br />date as stated in the Order and removal of the Product will be mutually arranged, unless <br />otherwise specified in a Participating State or Entity's Participating Addendum. <br />iv) If Purchasing Entity does not exercise the purchase or renewal option, it will immediately <br />make the Product available to Contractor in as good of condition as when Purchasing <br />Entity received it, except for ordinary wear and tear. <br />b) Payment. The first scheduled payment (as specified in the applicable Order), will be due <br />following the Acceptance of the Products, or such later date as Contractor may designate. The <br />remaining payments will be due on the same day of each subsequent month, unless otherwise <br />specified in the applicable Order. <br />c) Buyout to Keep Option. A Purchasing Entity must notify the Contractor or Authorized <br />Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to <br />Keep option on an FMV or $1 Buyout Lease. <br />d) Buyout to Return Option. A Purchasing Entity must notify the Contractor or Authorized <br />Dealer, in writing, at least thirty (30) days in advance, if they wish to exercise the Buyout to <br />Return option on an FMV, $1 Buyout or Straight Lease, and return the Equipment to the <br />Contractor in good working condition (ordinary wear and tear excepted). <br />e) Equipment Upgrade or Downgrade. A Purchasing Entity may do an Equipment Upgrade or <br />Downgrade on a lease or rental at any time throughout the term of the lease or rental <br />agreement. The Purchasing Entity and the Contractor shall negotiate the price of the Equipment <br />Upgrade or Downgrade, but at no time shall the total cost of the Equipment Upgrade or <br />Downgrade be less than the remaining stream of Equipment Payments. <br />f) Non -appropriation of Funds. The continuation of any lease or rental agreement will be <br />subject to, and contingent upon, sufficient funds being made available by the Participating <br />State Legislature and/or federal sources. The Purchasing Entity may terminate any such lease <br />or rental agreement, and Contractor waives any and all claim(s) for damages, effective <br />immediately upon receipt of written notice (or any date specified therein) if for any reason the <br />Purchasing Entity's funding sources are not available. <br />g) Assignment <br />i) Purchasing Entity has no right to sell, transfer, encumber, sublet or assign the Product or <br />any lease or rental agreement without Contractor's prior written consent (which consent <br />shall not be unreasonably withheld). <br />ii) Purchasing Entity agrees that Contractor may not sell or assign any portion of <br />Contractor's interests in the Product and/or these Lease or Rental Terms or any Order for <br />Page 36 <br />Coplers and Managed Pdnt Services-RFP-NP•1e-001, Ng$PQy e=ol0)�lester Agreement Terris and Conditions,CMS #140603 <br />