Common use of PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS Clause in Contracts

PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS. A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. Vendor reserves the right to decline sales or service to a Participating Entity through this contract if 1) Vendor determines that the Participating Entity is an unacceptable credit risk and the Participating Entity is not willing make purchases on a prepaid basis, 2) Vendor has evidence that the Participating Entity has sold or intends to resell the Vendor products purchased through the Contract, or 3) Vendor is not able to directly service the Participating Entity due to legal or contractual restrictions that existed prior to entering into the Contract and is also unable to identify a suitable local distributor that is willing to act as subcontractor for the purpose of the Contract.

PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS. A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. Notwithstanding anything to the contrary, a Participating Entity’s participation hereunder, including for the avoidance of doubt, and extension of credit hereunder, is contingent upon Participating Entity’s satisfaction of Vendor’s standard credit requirements. Vendor also reserve the right to refuse sales of Products to Participating Entities reselling such Products. To the extent a Participating Entity has a pre-existing separate agreement with Vendor, Vendor reserves the right not to decline sales or service sell products and services under multiple agreements to a that Participating Entity. In addition, Vendor may terminate this Contract for any reason (i.e. for convenience) with respect to an individual Participating Entity through this contract if 1by delivering not less than ninety (90) Vendor determines that the Participating Entity is an unacceptable credit risk days prior written notice thereof to Sourcewell and the applicable Participating Entity is not willing make purchases on a prepaid basis, 2) Vendor has evidence that the Participating Entity has sold or intends to resell the Vendor products purchased through the Contract, or 3) Vendor is not able to directly service the Participating Entity due to legal or contractual restrictions that existed prior to entering into the Contract and is also unable to identify a suitable local distributor that is willing to act as subcontractor for the purpose of the ContractEntity.