Common use of Non-Conformance Clause in Contracts

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD are accepted under a “reservation of PISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD does not accept any goods and/or services which have been submitted to PISD, PISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD is entitled to a “party by party” right of set off. PISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD has the right to do any or all of the following, in PISD’s sole discretion:

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD TISD are accepted under a “reservation of PISDTISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD TISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD TISD does not accept any goods and/or services which have been submitted to PISDTISD, PISD TISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD TISD is entitled to a “party by party” right of set off. PISD TISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD TISD has the right to do any or all of the following, in PISDTISD’s sole discretion:

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- non-conforming goods and/or services which are delivered to PISD CHISD are accepted under a “reservation of PISD’s CHISD’S rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-non- conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD CHISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD CHISD does not accept any goods and/or services which have been submitted to PISDCHISD, PISD CHISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD CHISD is entitled to a “party by party” right of set off. PISD CHISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD CHISD has the right to do any or all of the following, in PISD’s CHISD’S sole discretion:

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD WISD are accepted under a “reservation of PISDWISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD WISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD WISD does not accept any goods and/or services which have been submitted to PISDWISD, PISD WISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXX is entitled to a “party by party” right of set off. PISD WISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD WISD has the right to do any or all of the following, in PISDWISD’s sole discretion:

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming goods and/or services which are delivered to PISD KISD are accepted under a “reservation of PISDKISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD KISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD KISD does not accept any goods and/or services which have been submitted to PISDKISD, PISD KISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD KISD is entitled to a “party by party” right of set off. PISD KISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD KISD has the right to do any or all of the following, in PISDKISD’s sole discretion:

Non-Conformance. Vendor assumes all liability for delivering goods that do not meet the specification(s) and standard(s) specified on the face of the PO. Any non- conforming nonconforming goods and/or services which are delivered to PISD NISD are accepted under a “reservation of PISDNISD’s rights” to contest, dispute, request offsets, reject, or return the non-conforming goods and/or services, in whole or in part. Any tender of goods or performance of services by Vendor which are non-non- conforming as to the quality, quantity, or the delivery schedule shall constitute a breach of this PO and PISD NISD shall have the absolute right to reject the goods and/or services, in whole or in part. In the event that PISD NISD does not accept any goods and/or services which have been submitted to PISDNISD, PISD NISD is entitled to any and all remedies that are provided by law. In addition to the U.C.C. allowed contract by contract right of setoff, PISD XXXX is entitled to a “party by party” right of set off. PISD NISD is not required to mitigate its damages in order to obtain the relief for any breach of contract remedies available to it. In addition, PISD NISD has the right to do any or all of the following, in PISDNISD’s sole discretion: