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Page 7 of 13 <br />of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable <br />condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. <br /> <br />ARTICLE 26: MANUALS <br />Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and <br />operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in <br />the price for the Product offered. <br /> <br />ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS <br />H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is <br />responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, <br />Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. <br />Customer will have the option of accepting any equivalent product or canceling the item from Customer’s <br />Purchase Order. Contractor is not authorized to make substitutions without prior approval. <br /> <br />ARTICLE 28: WARRANTIES, SALES, AND SERVICE <br />Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the <br />Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty <br />and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. <br /> <br />Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, <br />Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims <br />that have been assigned to a third party. <br /> <br />ARTICLE 29: TERMINATION PROCEDURES <br />The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. <br />H-GAC will not pay for any expenses incurred after the termination date of the contract. <br /> <br />A. Convenience <br />H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, <br />whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by <br />providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all <br />services hereunder of the Contractor and its employees and subcontractors shall cease to the extent <br />specified in the notice of termination. <br /> <br />The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days <br />written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation <br />after it has received notice of default from H-GAC. <br /> <br />B. Default <br />H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master <br />Agreement, in any one of the following circumstances: <br />(1) If the Contractor fails to perform the services herein specified within the time specified herein or any <br />extension thereof; or <br />(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason <br />whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion <br />of services herein specified within the Master Agreement term is significantly endangered, and in <br />either of these two instances does not cure such failure within a period of ten (10) days (or such longer <br />period of time as may be authorized by H-GAC in writing) after receiving written notice by certified <br />mail of default from H-GAC. <br />(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and <br />H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the <br />Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to <br />a claim for damages from H-GAC and/or the End User. <br /> <br />DocuSign Envelope ID: 477C45AE-B489-46C6-84F5-C1CB6A598105DocuSign Envelope ID: 7E694176-9E31-49DB-A1E4-AFB129905EB1