Type, Style, and Grade. All goods provided by Contractor pursuant to this Agreement shall be of the type, style, and grade, listed in Schedule A and packed according to the individual item requirements in Schedule A. Where a grade has been indicated in a specification, that grade will be marked clearly on the label to insure quality. If the individual packages or cases do not indicate a grade, then the District may refuse to accept the goods as nonconforming goods and declare the Contractor in breach of this Agreement. In the alternative, the Director of the School Nutrition Program may allow the Contractor to submit in writing a proposal as to how the Contractor will ensure that the proper grade be documented and delivered. The Director of the School Nutrition Program will review the proposal, and if acceptable to her in her sole discretion, she may recommend to the Superintendent that this Agreement be modified in writing. The Superintendent may, in turn, recommend that the District’s governing body, the elected School Board, approve the modification.
