Common use of LIABILITY ISSUES Clause in Contracts

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions of the State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the System for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. ▇▇▇ is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub- contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. By: By: Date: Date: A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions of the State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement By: By: Date: Date: The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the System for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇ ▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. SAM is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub- contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment Two-Way Radios are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions of the State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the S ystem for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. ▇▇▇ is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub-contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. 1. A properly executed contract is Only those Vendors classified as Sellers will execute the EPL Purchase Agreement. 2. Sellers have a requirement choice between two versions of this RFPthe agreement. After an award has been madeThis exhibit contains the ARRA language. If the Seller does not wish to work with customers using ARRA funding, it will be necessary for the winning Vendor Seller must choose to execute a contract with ITSExhibit A. 3. Due to the need for uniformity among EPL VendorsSellers, the terms of the Master EPL Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase No edits or changes in the terms and Maintenance Agreement for E-911 Equipment conditions of this document will be made. 4. Seller will only return two (hereinafter referred to as “EPL Agreement”2) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions copies of the State executed signature page. Both copies must be executed with original signatures by the authorized officer of Mississippi (hereinafter referred to as “Purchaser”)your company. 5. ITS Do not return the entire agreement. 6. Once a Seller has been approved and Purchaser are sometimes collectively referred to herein as “State”.membership has been confirmed for at least one

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the System for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. ▇▇▇ is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub- contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable: (hereinafter referred to as “Purchaser”). ITS 1) This award term and Purchaser are sometimes collectively referred to herein as “State”.condition implements Section 1605 of the American Recovery and

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment Two-Way Radios are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAMEN AME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT I NSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions of the State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the System for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. ▇▇▇ is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub-contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as “ITS”), as contracting agent for the governmental agencies, governing authorities, and educational institutions of the State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement By: Authorized Signature By: Authorized Signature (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need for uniformity among EPL Vendors, public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the terms recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the Central Contractor Registration (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇) is one of the Master Purchase requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business data elements that will be provided online at ▇▇▇▇ ▇://▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub-contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. A properly executed contract is a requirement The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this RFPaward. After an award has been made, it Information from these reports will be necessary for the winning Vendor to execute a contract with ITS. Due made available to the need public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first tier recipients must maintain current registrations in the System for uniformity among EPL Vendors, the terms of the Master Purchase and Maintenance Agreement for E-911 Equipment are non-negotiable. This Master Purchase and Maintenance Agreement for E-911 Equipment Award Management (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of Information Technology Services, having its principal place of business at ▇▇▇▇ ) (▇▇▇▇▇://▇▇▇.▇▇▇.gov) at all times during which they have active federal awards funded with Recovery Act funds. ▇▇▇ is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR) and other vendor registration systems. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (▇▇▇▇://▇, ▇▇.▇▇▇.▇▇▇) is one of the requirements for registration in the System for Award Management. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at ▇▇▇▇://▇▇▇, .▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇.▇▇▇ and ensure that any information that is pre-filled is corrected or updated as needed. (hereinafter referred e) The contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to title XV, Section 1512 of the ARRA, the State shall require that the contractor provide reports and other employment information as “ITS”)evidence to document the number of jobs created or jobs retained by this contract from the contractor’s own workforce and any sub-contractors. No direct payment will be made for providing said reports, as contracting agent the cost for same shall be included in the governmental agenciesvarious items in the contract. *As used here and hereafter, governing authoritiesrecipient means “any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government.” 2 CFR § 176.30. The recipient agrees to the following required use of American Iron, Steel, and educational institutions Manufactured Goods of Section 1605 of the State American Recovery and Reinvestment Act and in accordance with 2 CFR §176.140 when awarding Recovery Act funds for construction, alteration, maintenance, or repair of Mississippi (hereinafter referred to as “Purchaser”). ITS and Purchaser are sometimes collectively referred to herein as “State”.a public building or public work that does not involve iron, steel, and/or manufactured goods covered under international agreements, if applicable: