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Page 5 of 14 <br />ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS <br />Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are <br />for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all <br />obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor <br />is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and <br />forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or <br />service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities <br />after a contract is awarded. <br />ARTICLE 21: CHANGE ORDERS AND AMENDMENTS <br />A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by <br />changes in federal or state law or by regulations, are automatically incorporated without written <br />amendment hereto, and shall become effective on the date designated by such law or by regulation. <br />B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any <br />amendment that affects the performance under this Master Agreement must be mutually agreed upon and <br />that all such amendments must be in writing. After a period of no less than 30 days subsequent to written <br />notice, unless sooner implementation is required by law, such amendments shall have the effect of <br />qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. <br />C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the <br />purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The <br />change order must be in writing and agreed upon by Contractor and the Customer agency prior to <br />issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and <br />acknowledged by, H-GAC. <br />ARTICLE 22: CONTRACT ITEM CHANGES <br />A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from <br />the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a <br />contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at <br />its sole discretion, to be in the best interests of its Customers. <br />B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, <br />Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole <br />discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no <br />penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the <br />next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to <br />be in the best interests of its Customers. <br />C. If a manufacturer makes any change in a contracted item which does not affect the contract price, <br />Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally <br />contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will <br />remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its <br />sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any <br />other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. <br />D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items <br />or as published options, routine published changes to products and pricing will be automatically <br />incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written <br /> <br />   <br />  <br />REV: 12-14-23 MI <br />ATTY/AGR.2023.310/Motorola (Radios) (Page 38 of 62)