Common use of Services Expected Clause in Contracts

Services Expected. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall operate the Bookstore as an independent contractor and with its own credit and preferred vendors. Services of the Bookstore shall include the following: a) The Bookstore shall be Institution’s exclusive retail buyer and seller of all required, recommended or suggested course materials and supplies, including books delivered in all formats (digital, rental, new, or used), course packs, interactive or other courseware, computer software containing learning content, textbook rentals, open educational resources (“OER”) available for purchase, student study aids, tools, and solutions, and materials published or distributed electronically, through the LMS, sold over the Internet, or through hosted e-commerce links. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive on-line services through the Bookstore website, including fulfillment of the First Day® Complete Program (as defined below) and any distance learning material needs, during the term of this Agreement. b) In order to expand affordability to students, Institution may implement the First Day® “Complete Program” (equitable access) for all courses at such time as determined by Institution and contingent upon approval by the Institution Board of Trustees using a per credit pricing format. ▇▇▇▇▇▇ & ▇▇▇▇▇ College and Institution roles and responsibilities to be determined at such time the First Day® Complete program is launched and documented in an addendum to this Agreement for Bookstore Services. c) Party Responsibilities. (i) ▇▇▇▇▇▇ & ▇▇▇▇▇ College Responsibilities. 1. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will manage the Complete Program on behalf of Institution and will be responsible for the procurement of desired textbooks and course materials. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall fill faculty course material orders (adoptions) for required course materials each term only in accordance with course material adoptions through AIP (or any new adoption tool ▇▇▇▇▇▇ & ▇▇▇▇▇ College introduces) by faculty or authorized department designees that adhere to the schedule below: a. On or before April 1st for the fall semester b. On or before October 1st for the spring semester c. On or before February 15th for the summer semester 2. For any course material adoptions that are not adopted using AIP or turned in by the above deadlines, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will use commercially reasonable efforts to provide such course materials by the first day of the course but cannot guarantee delivery. Course materials will be provided in either rental (new or used) or digital format, at ▇▇▇▇▇▇ & ▇▇▇▇▇ College’s discretion, in order to maintain the value of the Complete Program. 3. At a minimum starting two weeks prior to the deadline, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide access to daily reporting on courses without course material adoptions to Institution’s compliance designee for follow-up with faculty. 4. Two weeks after the end of each semester (“Grace Period”), ▇▇▇▇▇▇ & ▇▇▇▇▇ College will notify Institution of any Rental Materials not returned by students. a. The list will identify the names of students who have not returned their Rental Materials. b. Institution will work with ▇▇▇▇▇▇ & ▇▇▇▇▇ College to encourage those students to resolve their accounts with ▇▇▇▇▇▇ & ▇▇▇▇▇ College (e.g., Institution may place a hold on the student account(s), message student(s) via all available communication methods, etc.) in order to maintain the value of the Complete Program. c. In the event a student does not return Rental Materials, ▇▇▇▇▇▇ & ▇▇▇▇▇ College reserves the right to require student payment of an appropriate rental replacement fee (75% of the new course material selling price) and/or identify the student ineligible for the Complete Program in future semesters.

Services Expected. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall operate the Bookstore as an independent contractor and with its own credit and preferred vendors. Services of the Bookstore shall include the following: a) The Bookstore shall be Institution’s exclusive retail buyer and seller of all required, recommended or suggested course materials and supplies, including books delivered in all formats (digital, rental, new, or used), course packs, interactive or other courseware, computer software containing learning content, textbook rentals, open educational resources (“OER”) available for purchase, student study aids, tools, and solutions, and materials published or distributed electronically, through the LMS, sold over the Internet, or through hosted e-commerce links. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide exclusive on-line services through the Bookstore website, including fulfillment of the First Day® Complete Program (as defined below) and any distance learning material needs, during the term of this Agreement. b) In order to expand affordability to students, Institution may agrees to implement the First Day® “Complete Program” (equitable inclusive access) for all courses at such time as determined by Institution and contingent upon approval by the Institution Board of Trustees beginning with Fall 2023 semester using a per credit pricing format. Course materials will continue to be provided by ▇▇▇▇▇▇ & ▇▇▇▇▇ College and Institution roles and responsibilities to be determined at such time Virtual Services by MBS Direct until the First Day® Complete program is launched and documented in an addendum to this Agreement for Bookstore Services. c) Party ResponsibilitiesFall 2023 Term. (i) ▇▇▇▇▇▇ & ▇▇▇▇▇ College Responsibilities. 1. The Bookstore personnel will work with the current ▇▇▇▇▇▇ & ▇▇▇▇▇ College Virtual client team to continue to provide course materials via the MBS Direct program under the terms of the existing contract between Institution and MBS Direct, which was effective August 1, 2019 (“MBS Contract”). 2. ▇▇▇▇▇▇ & ▇▇▇▇▇ College will manage the Complete Program on behalf of Institution and will be responsible for the procurement of desired textbooks and course materials. ▇▇▇▇▇▇ & ▇▇▇▇▇ College shall fill faculty course material orders (adoptions) for required course materials each term only in accordance with course material adoptions through AIP (or any new adoption tool ▇▇▇▇▇▇ & ▇▇▇▇▇ College introduces) by faculty or authorized department designees that adhere to the schedule below: a. On or before April 1st for the fall semester b. On or before October 1st for the spring semester c. On or before February 15th for the summer semester 23. For any course material adoptions that are not adopted using AIP or turned in by the above deadlines, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will use commercially reasonable efforts to provide such course materials by the first day of the course but cannot guarantee delivery. Course materials will be provided in either rental (new or used) or digital format, at ▇▇▇▇▇▇ & ▇▇▇▇▇ College’s discretion, in order to maintain the value of the Complete Program. 34. At a minimum starting two weeks prior to the deadline, ▇▇▇▇▇▇ & ▇▇▇▇▇ College will provide access to deliver daily reporting on courses without course material adoptions to Institution’s compliance designee for follow-up with faculty. 45. Two weeks after the end of each semester (“Grace Period”), ▇▇▇▇▇▇ & ▇▇▇▇▇ College will notify Institution of any Rental Materials not returned by students. a. The list will identify the names of students who have not returned their Rental Materials. b. Institution will work with ▇▇▇▇▇▇ & ▇▇▇▇▇ College to encourage those students to resolve their accounts with ▇▇▇▇▇▇ & ▇▇▇▇▇ College (e.g., Institution may will place a hold on the student account(s), message student(s) via all available communication methods, etc.) in order to maintain the value of the Complete Program. c. In the event a student does not return Rental Materials, ▇▇▇▇▇▇ & ▇▇▇▇▇ College reserves the right to require student payment of an appropriate rental replacement fee (75% of the new course material selling price) and/or identify the student ineligible for the Complete Program in future semesters.