Common use of Deliverables and Purchase Price Clause in Contracts

Deliverables and Purchase Price. 2.1. The Contractor shall make its i-Ready web-based diagnostic assessment, progress monitoring and instructional software system available for use in the District, in accordance with the scope of work set forth in the attached Exhibit A (hereinafter the “Services”). 2.2. The total cost for all Services under this contract are as set forth on the attached Exhibit B, due and payable thirty (30) days from receipt of Contractor’s invoice. 2.2.1. The cost for all Services under this contract shall not exceed the pricing set forth on the attached Exhibit B hereby and made part of this Agreement. 2.3. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to utilize Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.4. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.1. The Contractor shall provide the contact in section 9 a quote for Services conforming to the pricing, which shall be payable by the District thirty (30) days after receipt of Contractor’s invoice. 2.4.2. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment. 2.4.3. Services provided by Contractor without conforming to section 2.4 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.4. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C and hereby made part of this Agreement, direct communication with schools or sales must be approved by contact in section 9 of this agreement.

Deliverables and Purchase Price. 2.1. The Contractor shall make its i-Ready Gizmos web-based diagnostic assessment, progress monitoring interactive math and instructional software system science simulations available for use in the DistrictDistrict , in accordance with the scope of work set forth in the attached Exhibit A which shall include access to all Gizmos, upgrades, remote access and subscriber support (hereinafter the “Services”).the 2.2. The total cost for all the Services under this contract are as set forth on the attached Exhibit BA Twenty-Four Thousand and Seven Hundred and Fifty Dollars ($24,750.00), due and payable by the District thirty (30) days from receipt of Contractor’s invoice. 2.2.1. The cost for all Services under this contract shall not exceed the pricing set forth on the attached Exhibit B hereby and made part of this Agreementafter . 2.3. Extension of services may not occur beyond July 31, 2021 without the renewal of an Agreement and issuance of District purchase order. 2.4. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to utilize Contra Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.42.5. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.1. The Contractor shall provide the contact in section 9 a quote for Services conforming to the pricing, which shall be payable by the District thirty (30) days after receipt of Contractor’s invoice. 2.4.22.5.1. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment, unless approved by the District contact listed in section 9. 2.4.32.5.2. Services provided by Contractor without conforming to section 2.4 2.5 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.42.6. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C B and hereby made part of this Agreement, direct communication with schools or sales must be approved by contact in section 9 of this agreement. 2.7. The District understands and agrees that its access to and use of the Services under this Agreement requires that it disclose confidential student records and information, as that term is defined below, to the Contractor. The Contractor understands and agrees that if it fails to comply with any of the requirements under sections 4, 5, 6 or 7 below at any time during or after the term of this Agreement the District may, as applicable, terminate the Agreement and/or disqualify the Contractor from future agreements with the District.

Deliverables and Purchase Price. 2.1. The Contractor shall make its ie-Ready webhallpass a digital, cloud-based diagnostic assessmentsystem for hall pass management, progress monitoring and instructional Flex Time Manager a digital, cloud-based scheduling software system available for use in the Districtplatform schools, in accordance with the scope of work set forth in the attached Exhibit A (hereinafter the “Services”).the 2.2. The Xxxxxxx and Xxxxxx Middle Schools shall receive a full semester trial -21 K-12 School Calendar. 2.3. If the District elects to extend beyond the trial, the total cost for all Services under this contract are shall not exceed Two Thousand, Seven Hundred Dollars and Zero Cents ($2,700.00) , as set forth on the attached Exhibit BB. 2.3.1. Cost for Services at Xxxxxxx Middle School shall be One Thousand, due Two Hundred Dollars and payable Zero Cents ($1,200.00). 2.3.2. Cost for Services at Xxxxxx Middle School shall be One Thousand, Five Hundred Dollars and Zero Cents ($1,500.00). 2.3.3. Contractor shall send an invoice for Services no earlier than thirty (30) days prior to the end of the trial as stated in section 2.2. Payment for Services shall be due and payable by the District thirty (30) days after 2.4. Services to extend beyond the trial period shall require written notification from receipt of Contractor’s invoiceeach school representative. 2.2.1. The cost for all Services under this contract shall not exceed the pricing set forth on the attached Exhibit B hereby and made part of this Agreement. 2.32.5. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to Contra utilize Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.42.6. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.1. The Contractor shall provide the contact in section 9 a quote for Services conforming to the pricing, which shall be payable by the District thirty (30) days after receipt of Contractor’s invoice. 2.4.22.6.1. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment, unless approved by the District contact listed in section 9. 2.4.32.6.2. The Contract Administrator or designee shall request a quote for requested Services, all quotes must conform to the pricing in section 2.2, which shall be payable by the District thirty (30) days after receipt of 2.6.3. Services provided by Contractor without conforming to section 2.4 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.42.7. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C and hereby made part of this Agreement, direct communication with schools or sales must be approved by contact in section 9 of this agreement. 2.8. The Contractor grants the District a non-exclusive, non-transferable, non- sublicenseable license to access and use, and permit authorized users to access and use the Services solely in the United States during the term of the Agreement. 2.9. The District shall access and use the Services solely for non-commercial instructional and administrative purposes within the District. Further, the District shall not, except as expressly authorized or directed by the Contractor: (a) copy, modify, translate, distribute, disclose or create derivative works based on the contents of, or sell, the Services, or any part thereof; (b) decompile, disassemble or otherwise reverse engineer Services or otherwise use the Services to develop functionally similar products or services; (c) modify, alter or delete any of the copyright, trademark, or other proprietary notices in or on the Services; (d) rent, lease or lend the Services or use the Services for the benefit of any third party; (e) avoid, circumvent or disable any security or digital rights management device, procedure, protocol or mechanism in the Services; or (f) permit any authorized user or third party to do any of the foregoing. The District also agrees that any works created in violation of this section 2.7 are derivative works, and, as such, the District agrees to assign, and hereby assigns, all right, title and interest therein to the Contractor. 2.10. The District agrees, subject to the limited rights expressly granted hereunder, that all rights, title and interest in and to all Services, including all related IP Rights, are and shall remain the sole and exclusive property of Contractor or its third- any other intellectual property or proprietary rights recognized in any country or jurisdiction worl Services, and shall reasonably assist Contractor as necessary to remedy any such violation. Contractor Services are protected by patents. 2.11. The District understands and agrees that its access to and use of the web-based system under this Agreement requires that it disclose confidential student records and information, as that term is defined below, to the Contractor. The Contractor understands and agrees that if it fails to comply with any of the requirements under sections 4, 5, 6 or 7 below at any time during or after the term of this Agreement the District may, as applicable, terminate the Agreement and/or disqualify the Contractor from future agreements with the District.

Deliverables and Purchase Price. 2.1. The Contractor shall make its i-Ready web-based diagnostic assessment, progress monitoring and instructional software system online presentation tool available for use in the DistrictDistrict schools, in accordance with the scope of work set forth in the attached Exhibit A (hereinafter the “Services”).hereinaf 2.2. The total cost for all the Services under this contract are as set forth on the attached Exhibit BB is Seven Hundred and Twenty-Five Dollars and Zero Cents ($725.00), due and payable by the District thirty (30) days from receipt of Contractor’s invoice. 2.2.1. The cost for all Services under this contract shall not exceed the pricing set forth on the attached Exhibit B hereby and made part of this Agreementafter . 2.3. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to utilize Contra Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.4. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.1. The Contractor shall provide the contact in section 9 a quote for Services conforming to the pricing, which shall be payable by the District thirty (30) days after receipt of Contractor’s invoice. 2.4.22.5. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment, unless approved by the District contact listed in section 9. 2.4.3. Services provided by Contractor without conforming to section 2.4 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.42.6. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C and hereby made part of this Agreement, direct communication with schools or sales must be approved by contact in section 9 of this agreement. 2.7. The District understands and agrees that its access to and use of the system under this Agreement requires that it disclose confidential student records and information, as that term is defined below, to the Contractor. The Contractor understands and agrees that if it fails to comply with any of the requirements under sections 4, 5, 6 or 7 below at any time during or after the term of this Agreement the District may, as applicable, terminate the Agreement and/or disqualify the Contractor from future agreements with the District.

Deliverables and Purchase Price. 2.1. The Contractor shall make its i-Ready web-based diagnostic assessment, progress monitoring and instructional software system available Contractor’s responsibility under this Agreement is to provide {SERVICE DESCRIPTION} for use in the District. The parties agree to the following, in accordance with the scope as specified in: 2.1.1. {SOLICITATION}, which is part of work set forth in the this agreement and attached hereto as Exhibit A X. 2.1.2. Contractor’s Response to {SOLICITATION}, which is part of this agreement and attached hereto as Exhibit X. 2.2. All documents which are made a part of this Agreement (hereinafter the “Services”)) and incorporated herein by reference. 2.22.3. The total cost for all Services under this contract are as set forth on the attached Exhibit B{EXHIBIT FOR PRICING}, shall not exceed {Total Written Out Price} (${DOLLAR AMOUNT PRICE), due and payable thirty (30) days from receipt of Contractor’s invoice. 2.2.12.4. The Access to Services shall be available for a ten (10) year subscription. 2.5. Additional Services may be purchased at the prices listed in Exhibit {XX} for the full length of the contract. 2.6. Contractor shall ensure teacher Materials are shipped to be received no later than {DATE}. 2.6.1. Contractor shall separate and bundle Materials by District School for shipment. 2.7. Contractor shall ensure grade-level classroom Materials are shipped to be received no later than {DATE}. 2.7.1. Contractor shall separate and bundle Materials by District School for shipment. 2.8. Contractor shall provide support for implementation of Services during the first year, at no cost for all Services under this contract shall not exceed the pricing set forth on the attached Exhibit B hereby and made part of this Agreement.following: 2.9. {PROFESSIONAL DEVELOPMENT SERVICES} 2.3. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to utilize Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.42.10. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.12.10.1. The Contractor shall provide the contact in section 9 District a quote for Services conforming to the pricing, which shall be payable by the District thirty (30) days after receipt of Contractor’s invoice. 2.4.22.10.2. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment. 2.4.32.10.3. Services provided by Contractor without conforming to section 2.4 2.9 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.42.10.4. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C {NUMBER} and hereby made part of this Agreement, direct communication with schools or sales must be approved by contact in section 9 11 of this agreement.

Deliverables and Purchase Price. 2.1. The Contractor shall make its i-Ready web-based diagnostic assessment, progress monitoring Language! Live teacher and instructional software student licenses and its Acadience data management online system for assessment data entry and data management available for use in the District’s schools, in accordance with the scope of work set forth in the attached Exhibit Exhibits A and B (hereinafter the “Services”). 2.2. The total cost for all the Services under this contract are as set forth on the attached Exhibit BC for is Four Thousand, Six Hundred and Sixty-One Dollars and Fifty Cents ($4,661.50), due and payable by the District thirty (30) days from after receipt of Contractor’s invoice. 2.2.1. The total cost for all the Voyager Sopris Services under this contract shall not exceed is Three Thousand, Two Hundred Dollars and Seventy-Seven Dollars and Zero Cents ($3,27700), due and payable by the pricing set forth on District thirty (30) days after receipt of Contractor’s invoice. 2.2.2. The total cost for the attached Exhibit B hereby Acadience Math Services is One Thousand, Three Hundred Dollars and made part Eighty-Four Dollars and Fifty Cents ($1,384.50), due and payable by the District thirty (30) days after receipt of this AgreementContractor’s invoice. 2.3. Additional Services may be purchased at the prices listed in Exhibit C. 2.4. Fulfillment of Services under the terms and conditions set forth in the Agreement shall be exclusively through the issuance of a District purchase order. 2.4.1. Site-based credit cards and/or site-based restricted checks shall not be permitted for payment. 2.5. Additional District schools may participate in Services under all terms and conditions specified within this Agreement, not to exceed the term within section 1. 1. This Agreement in no way binds the District or District Schools to exclusive use of Contractor’s Services. Discretion to utilize Services is under the direction of each District School Principal or Principal designee. District Principals or Principal designee will adhere to applicable laws, regulations, and District policies. 2.4. Fulfillment of Services under the terms and conditions set forth in this Agreement shall be exclusively through the issuance of a District purchase order. 2.4.12.6. The Contractor grants the District a non-exclusive, non-transferable, non- sublicenseable license to access and use, and permit authorized users to access and use the Services solely in the United States during the term of the Agreement. 2.7. The District shall provide access and use the contact Services solely for non-commercial instructional and administrative purposes within the District. Further, the District shall not, except as expressly authorized or directed by the Contractor: (a) copy, modify, translate, distribute, disclose or create derivative works based on the contents of, or sell, the Services, or any part thereof; (b) decompile, disassemble or otherwise reverse engineer Services or otherwise use the Services to develop functionally similar products or services; (c) modify, alter or delete any of the copyright, trademark, or other proprietary notices in or on the Services; (d) rent, lease or lend the Services or use the Services for the benefit of any third party; (e) avoid, circumvent or disable any security or digital rights management device, procedure, protocol or mechanism in the Services; or (f) permit any authorized user or third party to do any of the foregoing. The District also agrees that any works created in violation of this section 9 a quote for Services conforming 2.9 are derivative works, and, as such, the District agrees to assign, and hereby assigns, all right, title and interest therein to the pricingContractor. 2.8. The District agrees, which subject to the limited rights expressly granted hereunder, that all rights, title and interest in and to all Services, including all related IP Rights, are and shall be payable by remain the sole and exclusive property of Contractor or its third-party licensors. “IP Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide. The District thirty (30) days after receipt shall notify Contractor of any violation of Contractor’s invoice. 2.4.2. Site-based credit cards and/or site-based restricted checks IP Rights in the Services, and shall not be permitted for payment. 2.4.3. Services provided by reasonably assist Contractor without conforming as necessary to section 2.4 of the Agreement shall be considered unauthorized and payment shall not be issued by the District. 2.4.4remedy any such violation. Contractor shall assure compliance with the District Policy DJG/DJGA, attached as Exhibit C and hereby made part of this Agreement, direct communication with schools or sales must be approved Services are protected by contact in section 9 of this agreementpatents.