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■ State agencies, local governments, local government agencies, or political subdivisions <br />(e.g., counties, cities, school districts, public utility districts, ports) of any state or territory <br />of the United States; <br />■ Federal governmental agencies or entities located in any state or territory of the United <br />States; and <br />■ Federally -recognized Indian Tribes located in any state or territory of the United States <br />3. SCOPE — INCLUDED GOODS AND PRICE. <br />3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those <br />Transit Buses within the scope of their authorized goods meeting the requirements set forth in <br />ExhibitA — Included Transit Buses for the prices set forth in Exhibit B — Prices. Contractor shall <br />not represent to any Participant under this Master Contract that Contractor has contractual <br />authority to sell any Transit Buses beyond those meeting the requirements set forth in ExhibitA <br />— Included Transit Buses. <br />3.2. STATE'S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the <br />parties, Enterprise Services reserves the right to modify the goods included in this Master <br />Contract; Provided, however, that any such modification shall be effective only upon thirty (30) <br />days advance written notice; and Provided further, that any such modification must be within the <br />scope of this Master Contract. Enterprise Services may, at any time, without notice to Contractor <br />by written order designated or indicated to be a change order, make changes within the general <br />scope of the contract to adjust the quantities of Transit Buses purchased under this Master <br />Contract. <br />3.3. PARTICIPANT CHANGE ORDERS. <br />(a) Participants may, at any time, by written order designated or indicated to be a change <br />order, make changes in their Purchase Order within the general scope of this Master <br />Contract, including changes: (1) In the specifications; (2) In the method or manner of <br />performance of the work; (3) In the price sheet to include additional options within the <br />scope of the contract; (4) In the delivery performance of the work; or (5) In additional <br />requirements for compliance with state or federal law. <br />(b) Any other written or oral order (which includes direction, instruction, interpretation, or <br />determination) from the Participant that causes a change shall be treated as a change <br />order under this clause; provided, that Contractor gives the Participant written notice <br />stating (1) the date, circumstances, and source of the order and (2) that Contractor <br />regards the order as a change order. <br />(c) Except as provided in this clause, no order, statement, or conduct of the Participant shall <br />be treated as a change under this clause or entitle Contractor to an equitable adjustment. <br />(d) If any change under this clause causes an increase or decrease in Contractor's cost of, or <br />the time required for, the performance of any part of the work under this Master <br />Contract, whether or not changed by any such order, the Participant will make an <br />equitable adjustment and modify the Purchase Order in writing. However, except for an <br />adjustment based on defective specifications, no adjustment for any change under this <br />clause shall be made for any costs incurred more than twenty (20) days before Contractor <br />gives written notice as required. In the case of defective specifications for which the <br />Participant is responsible, the equitable adjustment shall include any increased cost <br />MASTER CONTRACT No. 06719-01 <br />PAGE 3 <br />