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25B - AGMT FOR PRINTING AND COPIERS
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25B - AGMT FOR PRINTING AND COPIERS
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Last modified
8/27/2020 1:22:37 PM
Creation date
8/27/2020 4:37:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25B
Date
9/1/2020
Destruction Year
2025
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d) hnstitution of proceedings under any banlauptcy, insolvency, reorganization or similar law, by <br />or against Contractor, or the appointment of a receiver or similar officer for Contractor or any <br />of its property, which is not vacated or fully stayed within thirty (30) calendar days after the <br />institution or occurrence thereof; or <br />e) Any default specified in another section of this Master Agreement. <br />6.10.2. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, <br />identifying the nature of the default, and providing a period of thirty (30) calendar days in which <br />Contractor shall have an opportunity to cure the default. The Lead State shall not be required to <br />provide advance written notice or a cure period and may immediately terminate this Master <br />Agreement in whole or in part, if the Lead State, in its sole discretion, determines that it is <br />reasonably necessary to preserve public safety or prevent immediate public crisis. <br />6.10.3. If Contractor is afforded an opportunity to cure and fails to cure the default within the period <br />specified in the written notice of default, Contractor shall be in breach of its obligations under this <br />Master Agreement and Lead State shall have the right to exercise any or all of the following <br />remedies: <br />a) Exercise any remedy provided bylaw; <br />b) Terminate this Master Agreement and any related Contracts or portions thereof, <br />c) Impose liquidated damages as provided in this Master Agreement; <br />d) Suspend Contractor from being able to respond to future Solicitations; <br />e) Suspend Contractor's performance; and <br />I) Withhold payment until the default is remedied. <br />6.10.4. Unless otherwise specified in the Participating Addendum, in the event of a default under a <br />Participating Addendum, a Participating Entity shall provide a written notice of default as <br />described in this section and have all of the rights and remedies under this paragraph regarding its <br />participation in this Master Agreement, in addition to those set forth in its Participating Addendum. <br />6.10.5. Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default <br />as described in this section and have all of the rights and remedies under this paragraph and any <br />applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. <br />Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and <br />remedies available to a Purchasing Entity under the applicable commercial code. <br />6.11. Waiver of Breach <br />Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any <br />rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. <br />Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the <br />Lead State or Participating Entity of any default, right or remedy under this Master Agreement or <br />Participating Addendum, or by Purchasing Entity with respect to any Order, or breach of any terms or <br />requirements of this Master Agreement, a Participating Addendum, or Order shall not be construed or <br />operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or <br />requirement under this Master Agreement, Participating Addendum, or an Order. <br />6.12. Debarment <br />The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for <br />debarment, declared ineligible, or voluntarily excluded from participation in this transaction (Contract) by <br />any governmental department or agency. This certification represents a recurring certification made at the <br />time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, <br />Page 51 <br />Copiers and Managed Print services - RFP-NP-16-001, NASPO ValuePoInl Master Agreement Tens and Conditions, CMS # 140603 <br />25B-72 <br />
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