Common use of ESTIMATED QUANTITIES Clause in Contracts

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, at or below the Contract prices. The actual value of the Contract is indeterminate and will depend upon the number of other Contracts awarded, the competitiveness of the pricing offered under this Contract, and the actual demand of Authorized Users. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services purchased under this Contract to vary substantially from the estimates provided in the RFP. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered during the Contract period; 4. The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFP.

ESTIMATED QUANTITIES. This Contract is shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract pricesrate. The actual individual value of the each resultant Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered offered. Media buys requested by Authorized Users could range from a thousand dollar to a multimillion-dollar media campaign although it is anticipated that the majority of media campaigns will be under this Contract, $100,000. Authorized Users will be encouraged to purchase from Contractors who offer the Services and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Services purchased under this Contract to vary substantially from the estimates provided in the RFPRFP 23171. Such factors include, but are not limited to, the following: 1. All : • Such Contracts awarded under the RFP are may be non-exclusive Contracts; 2. • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4. • The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the resulting Contract could vary substantially from the estimates provided in the RFPRFP 23171.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the each Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Section 28 Estimated/Specific Quantity Contracts" Contracts and "Appendix B, Section 25 Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this a Contract to vary substantially from the any estimates provided in the RFPSolicitation. Such factors include, but are not limited to, the following: 1. All :  Such Contracts awarded under the RFP are may be non-exclusive Contracts; 2.  There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3.  The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4.  The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5.  Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6.  Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the Contract could vary substantially from the estimates provided in the RFPestimated quantities provided.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must Must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the each Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Section 28 Estimated/Specific Quantity Contracts" Contracts and "Appendix B, Section 25 Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this a Contract to vary substantially from the any estimates provided in the RFPSolicitation. Such factors include, but are not limited to, the following: 1. All : • Such Contracts awarded under the RFP are May be non-exclusive Contracts; 2. • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4. • The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the Contract could vary substantially from the estimates provided in the RFPestimated quantities provided.

ESTIMATED QUANTITIES. This Contract is shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, E-Poll Book I-Pads ordered and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Section 28, Estimated/Specific Quantity Contracts" Contracts and "Section 25, Participation in Centralized Contracts" . NYS anticipates that full implementation would entail between 12,000 and 20,000 E-Poll Book Systems across 62 County Boards Of Elections (CBOES) and across 15,005 election districts. Please note that while this is the entire possible universe, Counties may decide to implement E-Poll Book Systems in Appendix B - General Specifications. The Authorized Users eligible to use part, in whole, or not at all, and this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programsdoes not guarantee any volume of sales. Numerous factors could cause the actual quantities of products and services Products purchased under this the Contract to vary substantially from the estimates provided in the RFPabove. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • This Contract will be a nonexclusive contract; • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. ; • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand demand, and actual services rendered quantities ordered during the Contract contract period; 4. ; and, • The State reserves the right to terminate any this Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the this Contract; 5. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. By execution of this Contract, Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the resulting Contract could vary substantially from the any estimates provided in the RFPthis Contract or previous purchase.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must Must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B §28, Estimated/Specific Quantity Contracts" Contracts and "§25, Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPSolicitation 23170. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are a. This Contract is aa non-exclusive Contracts;Contract. 2. b. There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases;. 3. c. The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period;. 4. d. The State reserves the right to terminate any this Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract;. 5. e. Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or. 6. f. Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFPSolicitation 23170.

ESTIMATED QUANTITIES. ‌ This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Group 77017 Telecommunication Connectivity Services (Statewide and County) Contracts awarded, issued and the competitiveness of the pricing offered under in this Contract. Authorized Users will procure Telecommunication Connectivity Services through a formal RFQ, or informal RFQ prior to issuing a Purchase Order. Authorized Users will be encouraged to purchase from Contractors who offer the Services and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Services purchased under this Contract to vary substantially from the estimates provided in the RFPSolicitation 23100. Such factors include, but are not limited to, the following: 1. : ● All Group 77017 Telecommunication Connectivity Services (Statewide and County) Contracts awarded under the RFP are non-will be non- exclusive Contracts; 2. ● There is no guarantee of usage quantities of services or quantities Services to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous telecommunications services purchases; 3. ● The individual value of each Group 77017 Telecommunication Connectivity Services (Statewide and County) Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered Services provided during the Contract period; 4Term. ● The State reserves the right to terminate any Group 77017 Telecommunication Connectivity Services (Statewide and County) Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5herein. ● Contract pricing that is lower than anticipated could result in a higher quantity use of purchases Services by Authorized Users than anticipated; or 6. ● Contract pricing that is higher than anticipated could result in a lower quantity use of purchases Services by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFPSolicitation 23100.

ESTIMATED QUANTITIES. ‌ This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. prices The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPSolicitation. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4. • The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted for purposes of this Contract. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. • In accordance with the Delivery Schedules clause, the Contractor(s) shall accept orders from and deliver to any State Agency placing an order through this Contract, even if the State Agency does not appear on the Delivery Schedule at the time of the Solicitation’s bid opening. The Contractor(s) may accept orders, at their discretion, for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule at the time of the bid opening Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFPSolicitation.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. The estimated quantities are based on requirements submitted to OGS by Authorized Users to purchase from this Contract. These Authorized Users have agreed not to enter into any other contracts for the Gasoline that they filed for during the Contract period, and the Authorized Users have agreed to purchase all their Gasoline requirement needs from awarded contracts. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, contracts issued and the competitiveness of the pricing offered under this Contract, and the actual demand of Authorized Users. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B - General Specificationsoffered. The estimates by fuel type and county are specified in Attachment 1 – Pricing. The filed requirements by Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams User are detailed in Delivery Schedules which are attached as Attachment 2 and technical capabilities and therefore, will have varying needs depending on their individual payment processing programsAttachment 3. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPestimated quantities. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract period; 4term. • The State reserves the right to terminate any this Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • In accordance with Section 2.28, Delivery Schedules, the Contractor shall accept orders from and deliver to any State Agency placing an order through this Contract even if the State Agency does not appear on the Delivery Schedule. The Contractor(s) may accept orders, at their discretion, for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the Contract could vary substantially from the estimates provided in the RFPestimated quantities provided.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. The estimated quantities are based on requirements submitted to OGS by Authorized Users to purchase from this Contract. These Authorized Users have agreed not to enter into any other contracts for the Gasoline and E-85 that they filed for during the Contract period, and the Authorized Users have agreed to purchase all their Gasoline and E-85 requirement needs from awarded contracts. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, contracts issued and the competitiveness of the pricing offered under this Contract, and the actual demand of Authorized Users. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B - General Specificationsoffered. The estimates by fuel type and county are specified in Attachment 1 – Pricing. The filed requirements by Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams User are detailed in Delivery Schedules which are attached as Attachment 2 and technical capabilities and therefore, will have varying needs depending on their individual payment processing programsAttachment 3. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPestimated quantities. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract period; 4term. • The State reserves the right to terminate any this Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • In accordance with Section 2.28, Delivery Schedules, the Contractor shall accept orders from and deliver to any State Agency placing an order through this Contract even if the State Agency does not appear on the Delivery Schedule. The Contractor(s) may accept orders, at their discretion, for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the Contract could vary substantially from the estimates provided in the RFPestimated quantities provided.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the each this Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPSolicitation. Such factors include, but are not limited to, the following: 1. All Such Contracts awarded under the RFP are may be non-exclusive Contracts;. 2. There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases;. 3. The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period;. 4. The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract;. 5. Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or. 6. Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFPthis Solicitation.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual value of the Contract is indeterminate and will depend upon the number of other Contracts awarded, the competitiveness of the pricing offered under this Contract, and the actual demand of Authorized Users. See "Estimated/Specific Quantity Contracts" and "Participation in Centralized Contracts" in Appendix B - B, OGS General Specifications. The individual value of the Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users eligible will be encouraged to use this Contract represent diverse sizespurchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, revenue collection streams Estimated/Specific Quantity Contracts and technical capabilities and therefore, will have varying needs depending on their individual payment processing programsParticipation in Centralized Contracts. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPSolicitation 23198. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are : • This Contract is a non-exclusive Contracts; 2Contract. • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract period; 4Term. • The State reserves the right to terminate any this Contract for cause or convenience prior to the end of the term Contract Term pursuant to the terms and conditions of the Contract; 5. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract Term could vary substantially from the estimates provided in the RFPSolicitation 23198.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, guaranteed and the State provides no guarantee of volume or individual Authorized User participation. The estimated quantities are based on requirements submitted to OGS by Authorized Users to purchase from the resulting Contracts. These Authorized Users have agreed not to enter into any other contracts for the Gasoline and E-85 that they filed for during the resulting contract period, and the Authorized Users have agreed to purchase all of their Gasoline and E-85 needs from awarded contracts. The Contractor must furnish all quantities actually ordered, at or below the Contract prices. The actual individual value of the each Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contractoffered, see clause(s) in Section 2, Terms and the actual demand of Authorized UsersConditions. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPDelivery Schedules. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4. • The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted for purposes of this Solicitation. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • In accordance with the Delivery Schedule clause, the Contractor(s) shall accept orders from and deliver to any State Agency placing an order through this contract even if the State Agency does not appear on the Delivery Schedule at the time of the bid opening and may accept orders for any non- State Agency or Political Subdivision not appearing on the Delivery Schedule at the time of the bid opening. • Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this the Contract could vary substantially from the estimates provided in the RFPprovided.

ESTIMATED QUANTITIES. This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of volume or individual Authorized User participation. The Contractor must furnish all quantities ordered, actually ordered at or below the Contract prices. The actual individual value of the this Contract is indeterminate and will depend upon the number of other Contracts awarded, issued and the competitiveness of the pricing offered under this Contract, offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the actual demand of Authorized Usersmost practical and economical manner. See "Appendix B, Estimated/Specific Quantity Contracts" Contracts and "Participation in Centralized Contracts" in Appendix B - General Specifications. The Authorized Users eligible to use this Contract represent diverse sizes, revenue collection streams and technical capabilities and therefore, will have varying needs depending on their individual payment processing programs. Numerous factors could cause the actual quantities of products and services Products purchased under this Contract to vary substantially from the estimates provided in the RFPestimated quantities. Such factors include, but are not limited to, the following: 1. All Contracts awarded under the RFP are non-exclusive Contracts; 2. : • There is no guarantee of usage of services or quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; 3. • The individual value of each this Contract is indeterminate and will depend upon actual Authorized User demand and actual services rendered quantities ordered during the Contract contract period; 4. • The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract; 5. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted for purposes of this Contract. • Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated; or 6. • In accordance with the Delivery Schedules clause, the Contractor(s) shall accept orders from and deliver to any State Agency placing an order through this Contract, even if the State Agency does not appear on the Delivery Schedule. The Contractor(s) may accept orders, at their discretion, for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule at the time of the Solicitation’s bid opening Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this Contract could vary substantially from the estimates provided in the RFPestimated quantities provided.