Common use of OTHER PROJECT REQUIREMENTS Clause in Contracts

OTHER PROJECT REQUIREMENTS. A. Delivery of Goods and Performance of Services i. Contractor shall provide all Goods and perform all Services described in each Order. ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order. iii. If a good in an Order is out of stock, Contractor may only provide a substitute good if it has notified the Purchasing Entity for that Order, in writing, that the good is out of stock and has received the Purchasing Entity’s approval to provide the substitute good. Purchasing Entities may request additional information comparing the substitute good with the original good in the Purchasing Entity’s sole discretion. B. Additional Terms Any additional terms and conditions on any invoice, statement, Contractor time sheet, website, electronic license or use agreement or any other form, including, without limitation, terms regarding indemnification, limitation of liability, cancellation fees, choice of law and binding arbitration shall be void and unenforceable except to the extent that they are specifically included in this Participating Addendum or an Order. The signature of any employee of a Purchasing Entity on any such form shall be effective to establish receipt of Goods or completion of Services and shall not make any term of that form enforceable. 1. Contractor has been awarded the following categories: A. BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS o Exhibit A Master Agreement # 164719 2. The products and price list is located on NASPO ValuePoint, and is noted in this Participating Addendum by reference. Changes in product and pricing must be approved by the lead state and shall be effective when published on the NASPO ValuePoint website page for Point Blank Enterprises, Inc.

OTHER PROJECT REQUIREMENTS. A. Delivery of Goods and Performance of Services i. Contractor shall provide all Goods and perform all Services described in each Order. ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order. iii. If a good Good in an Order is out of stock, Contractor may only provide a substitute good if it has notified the Purchasing Entity for that Order, in writing, that the good is out of stock and has received the Purchasing Entity’s approval to provide the substitute good. Purchasing Entities may request additional information comparing the substitute good with the original good in the Purchasing Entity’s sole discretion. B. Additional Terms Any additional terms and conditions on any invoice, statement, Contractor time sheet, website, electronic license or use agreement or any other form, including, without limitation, terms regarding indemnification, limitation of liability, cancellation fees, choice of law and binding arbitration shall be void and unenforceable except to the extent that they are specifically included in this Participating Addendum Addendum, the Master Agreement, or an Order. The signature of any employee of a Purchasing Entity on any such form shall be effective to establish receipt of Goods or completion of Services and shall not make any term of that form enforceable. 1. Contractor has been awarded the following categories: A. BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS o Exhibit A Master Agreement # 164719 2. The products and price list is located on NASPO ValuePointthe Contractor’s dedicated State website, hosted and maintained by the Contractor, and is noted in incorporated into this Participating Addendum by reference. Changes in product and pricing must be approved by the lead state and shall be effective when published on the NASPO ValuePoint dedicated state website. XXXXX://XXX.XXXXXXXXXXXXXXX.XXX/PORTFOLIO/SOFTWARE-VALUE- ADDED-RESELLER-SVAR/CDW-G/ 3. Pricing A. Price Lists The State may publish any pricing information under this Participating Addendum, including, without limitation the pricing information shown in this Exhibit C, Products and Price List, on the State’s website page and any other website as the State determines is necessary or efficient to facilitate the use of this Participating Addendum by Purchasing Entities. B. Price Decreases and Ceiling Prices The prices listed in this Exhibit C are Ceiling Prices, and Contractor may offer lower prices to Purchasing Entities, and Purchasing Entities may negotiate lower prices with Contractor, without the review or approval of the State. Contractor shall not allow a Subcontractor to charge an amount greater than the Ceiling Price for Point Blank Enterprises, Inc.any Order.

OTHER PROJECT REQUIREMENTS. A. Delivery of Goods and Performance of Services i. Contractor shall provide all Goods and perform all Services described in each OrderOrder accepted by Contractor. ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order. iii. If a good in an Order is out of stock, Contractor may only provide a substitute good if it has notified the Purchasing Entity for that Order, in writing, that the good is out of stock and has received the Purchasing Entity’s approval to provide the substitute good. Purchasing Entities may request additional information comparing the substitute good with the original good in the Purchasing Entity’s sole discretion. B. Additional Terms Any additional terms and conditions on any invoice, statement, Contractor time sheet, Contractor website, Contractor electronic license or use agreement or any other Contractor form, including, without limitation, terms regarding indemnification, limitation of liability, cancellation fees, choice of law and binding arbitration shall be void and unenforceable except to the extent that they are specifically included in this Participating Addendum or an Order. The signature of any employee of a Purchasing Entity on any such form shall be effective to establish receipt of Goods or completion of Services and shall not make any term of that form enforceable. For the avoidance of doubt, any additional terms and conditions included in an Order and memorialized in a signed writing executed by Contractor and Purchasing Entity, to the extent such terms are permitted under applicable law (including, but not limited to 00-000-000, C.R.S.), those Order-specific terms shall be effective and enforceable. 1. Contractor has been awarded the following categories: A. BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS o Exhibit A Master Agreement # 164719 2. The products and price list is located on NASPO ValuePointthe Contractor’s dedicated website, and is noted in incorporated into this Participating Addendum by reference. Changes in product and pricing must be approved by the lead state and shall be effective when published on the NASPO ValuePoint dedicated website. 3. Pricing A. Price Lists The State may publish any pricing information under this Participating Addendum, including, without limitation the pricing information shown in this Exhibit C, Products and Price List, on the State’s website page and any other website as the State determines is necessary or efficient to facilitate the use of this Participating Addendum by Purchasing Entities. B. Price Decreases and Ceiling Prices The prices listed in this Exhibit C are Ceiling Prices, and Contractor may offer lower prices to Purchasing Entities, and Purchasing Entities may negotiate lower prices with Contractor, without the review or approval of the State. Contractor shall not allow a Subcontractor to charge an amount greater than the Ceiling Price for Point Blank Enterprises, Inc.any Order.

OTHER PROJECT REQUIREMENTS. A. Delivery of Goods and Performance of Services i. Contractor shall provide all Goods and perform all Services described in each Order. ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order. provided however, that overnight shipments may be subject to additional charges. iii. If a good in an Order is out of stock, Contractor may only provide a substitute good if it has notified the Purchasing Entity for that Order, in writing, that the good is out of stock and has received the Purchasing Entity’s approval to provide the substitute good. Purchasing Entities may request additional information comparing the substitute good with the original good in the Purchasing Entity’s sole discretion. B. Additional Terms Any additional terms and conditions on any invoice, statement, Contractor time sheet, website, electronic license or use agreement or any other form, including, without limitation, terms regarding indemnification, limitation of liability, cancellation fees, choice of law and binding arbitration shall be void and unenforceable except to the extent that they are specifically included in this Participating Addendum or an Order. The signature of any employee of a Purchasing Entity on any such form shall be effective to establish receipt of Goods or completion of Services and shall not make any term of that form enforceable. 1. Contractor has been awarded the following categories: A. BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS o Exhibit A Master Agreement # 164719 2. The products and price list is located on NASPO ValuePointthe Contractor’s dedicated State website, hosted and maintained by the Contractor, and is noted in incorporated into this Participating Addendum by reference. It can also be located at xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/portfolio/wireless-data-voice-and- accessories-2019-2024/t-mobile-usa-inc/. Changes in product and pricing must be approved by the lead state and shall be effective when published on the NASPO ValuePoint dedicated state website. Dedicated website; xxxx://xxxxxxxxx.xxxxxxxx.xxx/orders/catalog/splashpage.php Pricing A. Price Lists The State may publish any pricing information under this Participating Addendum, including, without limitation the pricing information shown in this Exhibit C, Products and Price List, on the State’s website page and any other website as the State determines is necessary or efficient to facilitate the use of this Participating Addendum by Purchasing Entities. B. Price Decreases and Ceiling Prices The prices listed in this Exhibit C are Ceiling Prices, and Contractor may offer lower prices to Purchasing Entities, and Purchasing Entities may negotiate lower prices with Contractor, without the review or approval of the State. Contractor shall not allow a Subcontractor to charge an amount greater than the Ceiling Price for Point Blank Enterprisesany Order. This Exhibit regarding Information Technology Provisions (the “Exhibit”), Inc.as defined in §24-37.5-102 C.R.S., is an essential part of the agreement between the State and Contractor as described in the Contract to which this Exhibit is attached. Unless the context clearly requires a distinction between the Contract and this Exhibit, all references to “Contract” shall include this Exhibit. Notwithstanding the foregoing, the parties acknowledge and agree that (i) Contractor is offering commercial, off-the-shelf products with little or no customization to Participating Entities under this Participating Addendum; (ii) Contractor is neither requesting nor requiring access to Personally Identifiable Information (“PII”) other than points of contact information in managing and serving a Participating Entity’s account; (iii) Contractor will be accessing Customer Proprietary Network Information (“CPNI”) in the management and service of each Participating Entity’s accounts under this Participating Addendum and shall be obligated to protect each Participating Entity’s CPNI under Federal law; and (iv) Contractor’s supporting ordering and provisioning systems being offered as part of Contractor’s wireless offerings are considered commercial systems and are not part of the State of Colorado’s computing environment. Contractor will agree to the provisions of this Exhibit D only to extent applicable to the provision of wireless services as noted below.

OTHER PROJECT REQUIREMENTS. A. Delivery X. Xxxxxxxx of Goods and Performance of Services i. Contractor shall provide all Goods and perform all Services described in each Order. ii. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order. iii. If a good in an Order is out of stock, Contractor may only provide a substitute good if it has notified the Purchasing Entity for that Order, in writing, that the good is out of stock and has received the Purchasing Entity’s approval to provide the substitute good. Purchasing Entities may request additional information comparing the substitute good with the original good in the Purchasing Entity’s sole discretion. B. Additional Terms Any additional terms and conditions on any invoice, statement, Contractor time sheet, website, electronic license or use agreement or any other form, including, without limitation, terms regarding indemnification, limitation of liability, cancellation fees, choice of law and binding arbitration shall be void and unenforceable except to the extent that they are specifically included in this Participating Addendum or an Order. The signature of any employee of a Purchasing Entity on any such form shall be effective to establish receipt of Goods or completion of Services and shall not make any term of that form enforceable. 1. Contractor has been awarded the following categories: A. BODY ARMOR AND BALLISTIC RESISTANT PRODUCTS o Exhibit A Master Agreement # 164719 2. The products and price list is located on NASPO ValuePointthe Contractor’s dedicated State website, hosted and maintained by the Contractor, and is noted in incorporated into this Participating Addendum by reference. Changes in product and pricing must be approved by the lead state and shall be effective when published on the NASPO ValuePoint website page dedicated state website. A. Price Decreases and Ceiling Prices The prices listed in this Exhibit C are Ceiling Prices, Contractor may offer lower prices to Purchasing Entities, and Purchasing Entities may negotiate lower prices with Contractor, without the review or approval of the State. Contractor shall not allow a Subcontractor to charge an amount greater than the Ceiling Price for Point Blank Enterprisesany Order. This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is agreed to in connection with, Inc.and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the context clearly requires a distinction between the Contract and this Agreement, all references to “Contract” shall include this Agreement.