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WHEREAS, the parties desire to contract with Vendors under the terns of the <br />Master Price Agreements open to all Participating Agencies; <br />NOW, THEREFORE, the parties agree as follows: <br />ARTICLE 1: LEGAL AUTHORITY <br />Each Party represents and warrants that it is eligible to participate in this <br />Agreement because it is a local government or non-profit corporation created and <br />operated to provide one or more governmental functions and possesses adequate legal <br />authority to enter into this Agreement. <br />ARTICLE 2: APPLICABLE LAWS <br />The procurement of goods and services subject to this Agreement shall be <br />conducted in accordance with and subject to the relevant statutes, ordinances, rules, and <br />regulations that govern each party's procurement policies. It is the responsibility of each <br />party to ensure it has met all applicable solicitation and procurement requirements, both <br />in state law and local policy. <br />ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT <br />a. Each party will facilitate the cooperative procurement of goods and services. <br />b. The procuring party shall be responsible for the ordering of goods and services <br />under this Agreement. A non -procuring party shall not be liable in any <br />fashion for any violation by a procuring party. and the procuring party shall <br />hold non -procuring parties harmless from any liability that may arise from <br />action or inaction of the procuring party. <br />c. The procuring party shall not use this agreement as a method for obtaining <br />additional concessions or reduced prices for similar goods and services outside <br />the scope of the Master Price Agreements and NPP. <br />d. The exercise of any rights or remedies by the procuring party shall be the <br />exclusive obligation of such procuring party. <br />e. The cooperative use of bids, proposals or price agreements obtained by a party <br />to this Agreement shall be in accordance with the terms and conditions of the <br />bid, proposal or price agreement, except as modified where otherwise allowed <br />or required by applicable law, and does not relieve the party of its other bid <br />requirements under state law or local policies. <br />