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6 <br /> COOPERATIVE PURCHASING AGREEMENT <br /> This TCPN Cooperative Purchasing Membership Agreement will allow a Member Agency to purchase commodities and/or <br /> services,from any and all TCPN Official Contract Holders,under the same terms,conditions and price as stated in each <br /> awarded contract. It is hereby agreed to by TCPN and the Member Agency that: <br /> 1.TCPN has followed procurement procedures for products and/or services offered by this Agreement in accordance with <br /> TCPNs governing procurement statutes and regulations. <br /> 2.It is the sole responsibility of each Member Agency to follow their state procurement statutes as it pertains to cooperative <br /> purchasing,or joint power agreements,with in-state or out-of-state public agencies. <br /> 3.TCPN makes their cooperative purchasing contracts available to Member Agencies"as is,"and is under no obligation to <br /> revise the terms,conditions,scope,price,and/or any other conditions of the contract for the benefit of the Member Agency. <br /> 4.The use of each contract by the Member Agency shall adhere to the terms and conditions of the TCPN contract, including <br /> the order placement procedures provided by each Official Contract Holder. <br /> 5. It is the sole responsibility of the Member Agency to accept delivery of products and/or services,and the Member Agency <br /> hereby agrees to make timely payments to each Official Contract Holder for products and/or services received pursuant to <br /> this Agreement.Any dispute which may arise between the Member Agency and the Official Contract Holder are to be <br /> resolved between the Member Agency and the Official Contract Holder.TCPN will make every effort to facilitate a favorable <br /> remedy for both parties. <br /> 6.This Agreement incorporates all Agreements,covenants and understandings between TCPN and the Member Agency. No <br /> prior Agreement or understanding,verbal or otherwise, by the parties or their agents,shall be valid or enforceable unless <br /> embodied in this Agreement.This Agreement shall not be altered,changed or amended except by written revision or <br /> addendum executed by both parties. <br /> 7.This Agreement between TCPN and the Member Agency shall be presided over by TCPN governing law and jurisdiction, <br /> and shall become effective immediately and remain in effect unless terminated by either party with thirty(30)days written <br /> notice to the other party.Any such notice shall be sent to the address listed below. <br /> I HAVE READ AND AGREE TO THE TCPN COOPERATIVE PURCHASING MEMBERSHIP AGREEMENT TERMS AND <br /> CONDITIONS. <br /> Public Entity TCPN <br /> By By <br /> Authorized Signature Jason Wickel- Director-TCPN <br /> Printed Name Date <br /> Title <br /> Date <br /> 16 <br />