WA ST DEPT OF NATURAL RESOURCES DNR 6/14/2022

DEFAULT Contractor shall be in default if it is in material breach of any term or condition of the contract. The time of default shall begin when the material breach occurs or after any applicable opportunity to cure period lapses, whichever is later. DELIVERY, INSPECTION, REJECTION, CURE: 1. TIME OF THE ESSENCE: Time is of the essence in the performance of the contract. 2. SHIPPING & RISK OF LOSS. All goods subject to the Purchase Order shall be shipped F.O.B. destination. Risk of loss of the goods shall pass to the Agency at the time the goods are accepted by the Agency. 3. INSPECTION: The Agency's inspection of all goods upon delivery is for the sole purpose of identification. Such inspection shall not be construed as acceptance of the goods. 4. REJECTION: The Agency may reject any nonconforming Deliverables by reasonably notifying the Contractor in writing. 5. OPPORTUNITY TO CURE: Contractor shall have the right to cure the materiality of any breach prior to the time for performance under the Purchase Order. This right to cure terminates upon the time for performance. DEFINITIONS Definitions for the purposes of this solicitation include: AGENCY—any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions. AGENT— Personnel authorized to act on behalf of the Agency for matters contained within. APPARENT SUCCESSFUL GRANTEE—Applicant whose application provides the best value in meeting Agency needs and is selected to for an award with DNR for the proposed solution, subject to completion and execution of grant agreement. APPLICANT—an individual or entity who submits an application in response to a competitive grant issued for goods and/or services by the Agency. APPLICATION—a formal offer, submitted by an individual or entity, in response to this competitive grant. AWARD DATE—the announcement date of the Apparent Successful Contractor. BUSINESS DAYS — Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific Daylight Time, Olympia, Washington, USA. CALENDAR DAY— Midnight to midnight, any day of the week. COMPETITIVE GRANT—a documented formal process providing an equal and open opportunity to Applicants and culminating in a selection based on predetermined criteria. DNR—Washington State Department of Natural Resources, an Agency of the State of Washington, and any division, section, office, unit or other entity of, or any of the officers or other officials lawfully representing the department. GOODS— products, materials, supplies, or equipment provided by a Contractor. GRANT AGREEMENT NO. 93-103672 Page 9 of 19 Form update date:2022.05.16