Common use of Quantities Clause in Contracts

Quantities. Schedule A provides an estimate of the quantity of each of the goods and/or services to be provided by Contractor pursuant to this Agreement. The estimated quantities given are intended only as a guide for the Contractor. The District does not obligate itself to purchase the full amount of the estimated quantities indicated, however Contractor agrees that it will, at a minimum, be able to provide the full amount of estimated quantities during the performance period. The District’s requirements may exceed the estimated quantities indicated in Schedule A, and the District may order more of each good and/or service than the estimated quantity indicated in Schedule A. Contractor shall provide all the quantities shown on the District’s purchase orders whose mailing dates fall within the performance period or the transition period of this Agreement. Regardless of whether the District orders more than the estimated quantities of any of goods and/or services listed in Schedule A or less that the estimated quantities indicated in Schedule A, the Contractor may not charge the District more than the agreed upon price for any of the goods and/or services listed in Schedule A. If the District orders more of a good or service than the estimated quantity listed in Schedule A, if the Contractor cannot provide the goods and/or services ordered in excess of the estimated quantity in Schedule A, and if the Contractor can demonstrate to the satisfaction of the District that it is simply cannot, in good faith, provide the goods and/or services indicated in excess of the estimated quantity listed in Schedule A, then the District may order the additional goods and/or services from another vendor at no additional cost to the Contractor. If the District orders more of a good or service than the estimated quantity listed in Schedule A, the Contractor declines to provide the goods and/or services ordered in excess of the estimated quantity in Schedule A, and the Contractor fails to demonstrate to the satisfaction of the District that it is simply cannot, in good faith, provide the goods and/or services indicated in excess of the estimated quantity listed in Schedule A, then the District may order the additional goods and/or services from another vendor and charge the Contractor the difference between the price listed in Schedule A and the price the District had to pay the vendor, if the price paid by the District to the vendor providing the additional goods is greater than the price listed in Schedule A. If Contractor fails to fulfill the full amount of the goods and/or services ordered by the District pursuant to this Agreement and the District has not exceeded the estimated quantity listed in Schedule A during the established performance period, then District, in its sole discretion, may declare that Contractor in breach of this Agreement and exercise any and all of its remedies for breach of contract provided in this Agreement and at law, up to and including termination of this Agreement. The District may also order the additional goods and/or services required from another vendor and charge the Contractor the difference between the price listed in Schedule A and the price the District had to pay the vendor, if the price paid by the District to the vendor providing the additional goods is greater than the price listed in Schedule A. The District may also declare the Contractor non-responsible for two consecutive solicitation cycles.

Quantities. Schedule A Attachment B provides an estimate of the quantity of each of the goods and/or services to be provided by Contractor pursuant to this Agreement. The estimated quantities given are intended only as a guide for the Contractor. The District does not obligate itself to purchase the full amount of the estimated quantities indicated, however Contractor agrees that it will, at a minimum, be able to provide the full amount of estimated quantities during the performance period. The District’s requirements may exceed the estimated quantities indicated in Schedule AAttachment B, and the District may order more of each good and/or service than the estimated quantity indicated in Schedule A. Attachment B. Contractor shall provide all the quantities shown on the District’s purchase orders whose mailing dates fall within the performance period or the transition period of this Agreement. Regardless of whether the District orders more than the estimated quantities of any of goods and/or services listed in Schedule A Attachment B or less that the estimated quantities indicated in Schedule AAttachment B, the Contractor may not charge the District more than the agreed upon price for any of the goods and/or services listed in Schedule A. Attachment B. If the District orders more of a good or service than the estimated quantity listed in Schedule AAttachment B, if the Contractor cannot provide the goods and/or services ordered in excess of the estimated quantity in Schedule AAttachment B, and if the Contractor can demonstrate to the satisfaction of the District that it is simply cannot, in good faith, provide the goods and/or services indicated in excess of the estimated quantity listed in Schedule AAttachment B, then the District may order the additional goods and/or services from another vendor at no additional cost to the Contractor. If the District orders more of a good or service than the estimated quantity listed in Schedule AAttachment B, the Contractor declines to provide the goods and/or services ordered in excess of the estimated quantity in Schedule AAttachment B, and the Contractor fails to demonstrate to the satisfaction of the District that it is simply cannot, in good faith, provide the goods and/or services indicated in excess of the estimated quantity listed in Schedule AAttachment B, then the District may order the additional goods and/or services from another vendor and charge the Contractor the difference between the price listed in Schedule A Attachment B and the price the District had to pay the vendor, if the price paid by the District to the vendor providing the additional goods is greater than the price listed in Schedule A. Attachment B. If Contractor fails to fulfill the full amount of the goods and/or services ordered by the District pursuant to this Agreement and the District has not exceeded the estimated quantity listed in Schedule A Attachment B during the established performance period, then District, in its sole discretion, may declare that Contractor in breach of this Agreement and exercise any and all of its remedies for breach of contract provided in this Agreement and at law, up to and including termination of this Agreement. The District may also order the additional goods and/or services required from another vendor and charge the Contractor the difference between the price listed in Schedule A Attachment B and the price the District had to pay the vendor, if the price paid by the District to the vendor providing the additional goods is greater than the price listed in Schedule A. Attachment B. The District may also declare the Contractor non-responsible for two consecutive solicitation cycles.