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2.c(1). Cost -reimbursement provides for payment of Contractor's allowable incurred costs, to the <br />extent agreed to in the Contractor's agreement with the Participant. Participants are required to <br />include FAR Part 31 cost principles in their cost reimbursement contracts for the purpose of <br />determining allowable costs under the contract. Contract shall comply with Participants' <br />requests in determining reasonable prices, including but not limited to providing a breakdown of <br />relevant incurred costs or individual component pricing to Participant upon request. A dispute <br />on the reimbursement costs will follow the dispute procedures of this Master Contract. <br />3.8. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information <br />regarding this Master Contract, including scope and pricing, to eligible Participants. <br />4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations <br />and warranties as of the effective date of this Master Contract and at the time any order is placed <br />pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such <br />representations and warranties, Contractor shall not process any orders and shall, within three (3) <br />business days notify Enterprise Services, in writing, of such breach. <br />4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and <br />qualified to do business in the State of Washington, that it is registered with the Washington <br />State Department of Revenue and the Washington Secretary of State, that it possesses and shall <br />keep current all required licenses and/or approvals, and that it is current, in full compliance, and <br />has paid all applicable taxes owed to the State of Washington. Contractor represents and <br />warrants that it is or will be qualified to do business in other applicable states for purchases under <br />this Master Contract with each of the Washington State Transit Bus Cooperative member states, <br />including but not limited to Alaska, Idaho, Oregon, Colorado, Montana, and Nevada. <br />4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or <br />affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or <br />voluntarily excluded from participation in any governmental contract by any governmental <br />department or agency within the United States. <br />4.3. QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any Transit Bus sold <br />pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract <br />and Participant's Purchase Order, shall be fit and safe for the intended purposes, shall be free <br />from defects in materials and workmanship, and shall be produced and delivered in full <br />compliance with applicable law. Contractor further represents and warrants it has clear title to <br />the goods and that the same shall be delivered free of liens and encumbrances and that the same <br />do not infringe any third party patent. The rights and remedies of the parties under this warranty <br />are in addition to any other rights and remedies of the parties provided by law or equity, <br />including, without limitation, actual damages, and, as applicable and awarded under the law, to <br />a prevailing party, reasonable attorneys' fees and costs. Whenever under the Master Contract or <br />Purchase Order it is provided that Contractor shall furnish materials or manufactured <br />components or shall do work for which no detailed specifications are set forth, the work <br />performed shall be in full conformity and harmony with the intent to secure the best standards <br />of manufacture in the work as a whole or in part. No advantage shall be taken by Contractor in <br />the omission of any part or detail which goes to make the Transit Buses complete and ready for <br />service, even though such part or detail is not mentioned in the specifications or in Contractor's <br />approved design. <br />4.4. EXECUTIVE ORDER 18-03 — WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor <br />represents and warrants, as previously certified in Contractor's bid submission, that Contractor <br />MASTER CONTRACT No. 06719-01 <br />PAGE 5 <br />