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Page 4 of 8 <br />guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H- <br />GAC shall have the right to determine whether or not such change is acceptable, and to determine what <br />action shall be warranted, up to and including cancellation of Master Agreement. <br /> <br />ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS <br />In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products <br />offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, <br />Chapter 2 and with at least the following: <br />a. Be new, unused, and not refurbished. <br />b. Not be a prototype as the general design, operation and performance. This requirement is NOT <br />meant to preclude the Contractor from offering new models or configurations which incorporate <br />improvements in a current design or add functionality, but in which new model or configuration <br />may be new to the marketplace. <br />c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, <br />but which are normally furnished or necessary to make the Product ready for its intended use upon <br />delivery. Such accessories shall be assembled, installed and adjusted to allow continuous <br />operation of Product at time of delivery. <br />d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable <br />throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. <br />e. Be designed and constructed using current industry accepted engineering and safety practices, and <br />materials. <br />f. Be available for inspection at any time prior to or after procurement. <br /> <br />ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING <br />All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas <br />Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required <br />Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master <br />Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly <br />provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon <br />request. <br /> <br />ARTICLE 14: INSPECTION/TESTING <br />All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the <br />direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of <br />manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, <br />and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the <br />responsibility of the Contractor. <br /> <br />ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS <br />Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the <br />previous three (3) month period. Reports must include, but are not limited, to the following information: <br />a. Customer Name <br />b. Product/Service purchased, including Product Code if applicable <br />c. Customer Purchase Order Number <br />d. Purchase Order Date <br />e. Product/Service dollar amount <br /> <br />   <br />  <br />REV: 12-14-23 MI <br />ATTY/AGR.2023.310/Motorola (Radios) (Page 51 of 62)