Common use of Commodity Compliance and Compatibility Clause in Contracts

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure that the Commodity supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall insure that the Commodity ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity possessed by the Eligible User and disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity that shall be fully compliant and compatible with the Purchase Order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install or repair the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; • Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; or • Refund the purchase price of the applicable Base Equipment; OEM Options, Accessories, & Implements; and OEM & Replacement Parts to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure ensure that the Commodity / Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall insure ensure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities that shall be fully compliant and compatible with the Purchase Order Contract requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; products and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-compatible, or non-non- compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install or repair the Base Equipment Repair products including their respective features, equipment, accessories and components; OEM Options, Accessories, & Implements; OEM & Replacement Parts;  Replace products and their respective features, equipment, and components; • Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, accessories and components; or •  Refund the purchase price of the applicable Base Equipment; OEM Options, Accessories, & Implements; and OEM & Replacement Parts products to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure that the Commodity / Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall must insure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities that shall will be fully compliant and compatible with the Purchase Order Contract requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-non- compatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install  Replace or repair the Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; • Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; or •  Refund the purchase price of the applicable Base Equipment; OEM Options, Attachments & Accessories, & Implements; and OEM & Replacement Parts Parts; to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may will be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual servicesCommodities, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] CONTENTS:

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure ensure that the Commodity supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall insure ensure that the Commodity Base Equipment and any OEM Options, Identified Aftermarket Options, or Non- Identified Aftermarket Options ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity possessed by the Eligible User and disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity that shall be fully compliant and compatible with the Purchase Order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Partsor Non- Identified Aftermarket Options; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-compatible, or non-non- compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: •  Install or repair the Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Partsor Non- Identified Aftermarket Options; and their respective features, equipment, and components; •  Replace the Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Parts; or Non-Identified Aftermarket Options and their respective features, equipment, and components; or •  Refund the purchase price of the applicable Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; and OEM & Replacement Parts or Non-Identified Aftermarket Options to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure that the Commodity / Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall must insure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities that shall will be fully compliant and compatible with the Purchase Order Contract requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install Replace or repair the Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; • Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; or • Refund the purchase price of the applicable Base Equipment; OEM Options, Attachments & Accessories, & Implements; and OEM & Replacement Parts Parts; to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may will be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual servicesCommodities, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).]

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure ensure that the Commodity supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall insure ensure that the Commodity Base Equipment and any OEM Options, Identified Aftermarket Options, or Non-Identified Aftermarket Options ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity possessed by the Eligible User and disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity that shall be fully compliant and compatible with the Purchase Order requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Partsor Non-Identified Aftermarket Options; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-compatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install or repair the Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Partsor Non-Identified Aftermarket Options; and their respective features, equipment, and components; • Replace the Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; OEM & Replacement Parts; or Non-Identified Aftermarket Options and their respective features, equipment, and components; or • Refund the purchase price of the applicable Base Equipment; , OEM Options, AccessoriesIdentified Aftermarket Options, & Implements; and OEM & Replacement Parts or Non-Identified Aftermarket Options to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual services, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination. Commodities Title and Registration Applicable awarded Vehicles delivered under the Contract shall be titled and registered by the Contractor in accordance with Chapters 319 and 320, Florida Statutes. The Contractor shall send any necessary form(s) that must be signed by an authorized representative of the Customer with the awarded commodity(ies) upon delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Eligible User in a timely manner. In the event the Eligible User is permitted by statute, law, rule, ordinance, code, policy, and procedure to obtain Title and Registration independent of the Contractor, and chooses to obtain Title and Registration independent of the Contractor, the Eligible User shall notify the Contractor in writing of this decision no later than three (3) business days following receipt of the Acknowledgement of Order form, per section 3.13. However, the Eligible User shall then be obligated to Title and Register the awarded Commodity per applicable statute, law, rule, ordinance, code, policy, and procedure, and the Contractor shall provide any documents necessary for the Eligible User to do so. For applicable awarded Commodities, Eligible Users may elect to transfer an existing license plate, or may choose to obtain a new license plate. Should an Eligible User elect to transfer an existing license plate, this is the standard default order type and does not require specific notation on the Purchase Order. All related fees, see section 4.8, Ceiling Prices, are included in the Base Equipment Net Price. Should an Eligible User elect to obtain a new license plate in lieu of transferring their old license plate, or if the awarded Commodity is an addition to their fleet and requires a new license plate, the Purchase Order should include a notation and an additional amount to cover the cost of a new license plate. The Contractor is not required to obtain new license plates for the Eligible User unless there is a notation and a new license plate fee is included on the Purchase Order. All related charges and fees, see section 4.8, Ceiling Prices, except the new license plate cost are included in the Base Equipment Net Price. The Eligible User’s Purchase Order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a contact person’s name, title, and telephone number should there be any questions. The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. Balance of page intentionally left blank Contract Conditions This section contains conditions which shall be complied with during the performance of this contract. The conditions come in two parts, General Contract Requirements and Special Contract Requirements.

Commodity Compliance and Compatibility. It is the Contractor’s responsibility to insure that the Commodity / Commodities supplied are compliant with the Contract requirements, specifications, terms, and conditions. Additionally, the Contractor shall must insure that the Commodity / Commodities ordered by the Eligible User are fully compatible with each other and with any associated pre-existing Commodity / Commodities possessed by the Eligible User and pre-disclosed to the Contractor by the Eligible User. The Contractor’s acceptance of the Eligible User’s Purchase Order shall indicate that the Contractor agrees to deliver Commodity / Commodities that shall will be fully compliant and compatible with the Purchase Order Contract requirements, specifications, terms, and conditions. In the event any ordered Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components are found by the Eligible User to be missing, incorrect, defective, damaged, non-non- compatible, or non-compliant, the Contractor shall, at the Eligible User’s discretion, be required to do one of the following: • Install Replace or repair the Base Equipment; OEM Options, Attachments & Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; • Replace the Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their respective features, equipment, and components; or • Refund the purchase price of the applicable Base Equipment; OEM Options, Attachments & Accessories, & Implements; and OEM & Replacement Parts Parts; to the Eligible User. Any changes necessary after the delivery of the Commodity / Commodities that are required to bring a Commodity / Commodities into compliance and / or compatibility due to an incorrect order fulfillment by the Contractor may will be accomplished at the Contractor’s expense. Delivery of non-conforming Commodities and contractual servicesCommodities, which are not remedied as required herein, may be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] Contents: