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Environmental Systems Research Institute, Inc. <br />380 New York Street <br />�nRedlands, CA 92373 <br />(714) 793 -2853 <br />and payments will be processed according to financial arrangements set forth herein for <br />performance rendered to the date of termination. <br />4.2 <br />Purchase Orders, other than for the initial purchase, may be terminated by the County in whole <br />or in part, upon forty -five days' written notice to ESRI. There will be no cancellation charge for <br />terminated Software purchases unless the Software has been delivered. In this case the <br />cancellation will require County payment of return shipping costs. The County has the right to <br />terminate hardware purchases forty -five days prior to scheduled delivery without cost. After <br />hardware delivery or within forty -five days of scheduled delivery, termination of the hardware <br />purchase is subject to a manufacturer cancellation charge not to exceed 35 percent of hardware list <br />price. <br />ARTICLE 5— NONAPPROPRIATION OF FUNDS; LIMITATION <br />5.1 <br />Financial obligations of the County payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, or otherwise made available. If funds are not <br />appropriated or otherwise available, this Agreement may be terminated as in Article 4. <br />5.2 <br />The County does not guarantee to purchase any certain amount under this Agreement. <br />ARTICLE 6— ORDERS <br />6.1 <br />Written Purchase Orders will be provided to ESRI by each user agency based on the fees <br />specified in the Appendixes. Individual agencies are requested to confirm software discount <br />pricing, level hardware pricing, plus model availability with ESRI prior to placement of a Purchase <br />Order. Each agency placing an order will make payment individually to ESRI under the terms of <br />this Agreement. <br />5w <br />All Purchase Orders shall incorporate by reference the terms and conditions of this Master <br />Purchase Agreement and the Software License Agreement. A signed copy of the Software License <br />Agreement (Attachment D) shall be attached to the initial Purchase Order for entities not under the <br />administrative authority of the County. <br />A92-P1291/RS 2 6/23/92 <br />