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DFS Proprietary and Confidential <br />Rev. February 13, 2020 <br />Page | 11 <br />18.6 Except as provided in Article 14 (Limitations of Liability), this Contract is only for the benefit of the <br />parties, and no third party will have a right to enforce any provision of this Contract, whether under the <br />19.U.S. Government Contracts <br />19.1 This Article 19 applies only if the Contract is for the direct or indirect sale to any agency of the U.S. <br />government and/or is funded in whole or in part by any agency of the U.S. government. <br />19.2 Buyer agrees that all Products and Services provided by Seller meet the definition of “commercial- off- <br />the-shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation <br />(“FAR”) 2.101. To the extent the Buy American Act, Trade Agreements Act, or other domestic <br />preference requirements are applicable to this Contract, the country of origin of Products is unknown <br />unless otherwise specifically stated by Seller in this Contract. Buyer agrees any Services offered by <br />Seller are exempt from the Service Contract Act of 1965 (FAR 52.222-41). Buyer represents and <br />agrees that this Contract is not funded in whole or in part by American Recovery Reinvestment Act <br />funds unless expressly stated in the Contract. The version of any applicable FAR clause listed in this <br />Article 19 will be the one in effect on the effective date of this Contract. <br />19.3 If Buyer is an agency of the U.S. Government, then as permitted by FAR 12.302, Buyer agrees that all <br />paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with these Terms and <br />Conditions of Sale. Buyer further agrees that the subparagraphs of FAR 52.212-5 apply only to the <br />extent applicable for sale of COTS or commercial items and as appropriate for the Contract Price. <br />19.4 If Buyer is procuring the Products or Services as a contractor or subcontractor at any tier, on behalf of <br />any agency of the U.S. Government, then Buyer agrees that FAR 52.212-5(e) or 52.244-6 (whichever <br />is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as <br />appropriate for the Contract Price. <br />English Contracts (Rights of Third Parties) Act of 1999 or otherwise. <br />Terms and Conditions of Sale – Products & Services