Common use of WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM Clause in Contracts

WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Cloud Solutions Alternate Contract Source No. 43230000-NASPO-16-ACS Contract Exhibit D CONTRACTOR SELECTION JUSTIFICATION FORM Customers must complete this Contractor Selection Justification Form and attach it to the Purchase Order. Date: Click or tap here to enter text. Contractor’s Name: Click or tap here to enter text. Service Model: Saas ☐ PaaS ☐ IaaS1 ☐ 1 In accordance with Rule 60GG-3.004, F.A.C., “The acquisition of data center services, including IaaS, will be accomplished by customer entities submitting a Service Request to the State Data Center.” Level of Risk: Low Risk Data ☐ Moderate Risk Data ☐ High Risk Data ☐ Description of Services: Click or tap here to enter text. Estimated Total Contract Value: Click or tap here to enter text. Justification for Selection of Contractor: Click or tap here to enter text. Completed By: Click or tap here to enter text.

WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. **Exhibit C, Hewlett Packard Enterprises NASPO Master Agreement, is attached separately due to document restrictions. Cloud Solutions Alternate Contract Source No. 43230000-NASPO-16-ACS Contract Exhibit D CONTRACTOR SELECTION JUSTIFICATION FORM Customers must complete this Contractor Selection Justification Form and attach it to the Purchase Order. Date: Click or tap here to enter text. Contractor’s Name: Click or tap here to enter text. Service Model: Saas ☐ PaaS ☐ IaaS1 ☐ 1 In accordance with Rule 60GG-3.004, F.A.C., “The acquisition of data center services, including IaaS, will be accomplished by customer entities submitting a Service Request to the State Data Center.” Level of Risk: Low Risk Data ☐ Moderate Risk Data ☐ High Risk Data ☐ Description of Services: Click or tap here to enter text. Estimated Total Contract Value: Click or tap here to enter text. Justification for Selection of Contractor: Click or tap here to enter text. Completed By: Click or tap here to enter text.

WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: BAA33D20-93D3-41FA-A84E-ADBC9FCD1D20 Cloud Solutions Alternate Contract Source No. 43230000-NASPO-16-ACS Contract Exhibit D CONTRACTOR SELECTION JUSTIFICATION FORM Customers must complete this Contractor Selection Justification Form and attach it to the Purchase Order. Date: Click or tap here to enter text. Contractor’s Name: Click or tap here to enter text. Service Model: Saas ☐ PaaS ☐ IaaS1 ☐ 1 In accordance with Rule 60GG-3.004, F.A.C., “The acquisition of data center services, including IaaS, will be accomplished by customer entities submitting a Service Request to the State Data Center.” Level of Risk: Low Risk Data ☐ Moderate Risk Data ☐ High Risk Data ☐ Description of Services: Click or tap here to enter text. Estimated Total Contract Value: Click or tap here to enter text. Justification for Selection of Contractor: Click or tap here to enter text. Completed By: Click or tap here to enter text.