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• <br />DIR Contract Number: DIR-BUSOP-011 <br />K. Day Shall mean business days, Monday through Friday, except for State and Federal <br />holidays. If the Contract calls for performance on a day that is not a business day, then <br />performance is intended to occur on the next business day. <br />L. State -refers to the State of Texas. <br />M. Go DIRect Coordinator -refers to the individual appointed by DIR to administer and <br />collect the Contract reporting data on behalf of the State and the authorized Customers. <br />3. Entire Agreement and Order of Precedence <br />This Contract; Appendix A, Standazd Clauses for Texas DIR Contracts; Appendix B, HUB <br />Subcontracting Plan; Appendix C, Pricing Index; and Appendix D, Texas Marketplace Posting, <br />D1R-TMP-03-029, constitute the entire agreement between the parties hereto. In the event of a <br />conflict between the documents listed in this paragraph, the controlling document shall be this <br />Contract, then Appendix A, then Appendix B, then Appendix C, and finally Appendix D. No <br />statement, promise, condition, understanding, inducement or representation, oral or written, <br />expressed or implied, which is not contained herein shall be binding or valid. This Contract shall <br />not be changed, modified or altered in any manner except by an instrument in writing executed by <br />both parties hereto, with the approval of DIR. <br />The terms and conditions set forth herein shall govern all transactions by Customers under this <br />Contract. Customers shall not have the authority to modify the terms of this Contract, except as to <br />receive better terms or pricing for a particulaz procurement than those set forth herein. In such <br />event, Reseller shall furnish a copy of such better offerings to DIR upon request. No additional <br />term or condition of a purchase order issued by a Customer can weaken a term or' condition of <br />this Contract. In the event of a conflict between a Customer's Purchase Order and this Contract, <br />the Contract term shall control. <br />4. Product and Service Offerings <br />Products available under. this Contract are set forth as any Information Resources Technology <br />item listed within Appendix C, Pricing Index and Product Offering. Services include any value= <br />added service that the Reseller may perform as related to products available under this Contract. <br />A. Products <br />Reseller will maintain a product list including pricing, product descriptions, ;and product <br />specifications for all products offered under this Contract. The product list may be updated at <br />any time during the term of this Contract to incorporate product model changes or product <br />upgrades, addition of new products, and removal of obsolete or discontinued products. <br />B. Services <br />Reseller will maintain a list including pricing and descriptions for all services offered under <br />this Contract. The services list may be updated at any time during the term of this Contract to <br />incorporate changes to the service offering. <br />5. Contract Administration <br />DIR and the Reseller will each provide a Contract administrator to support this Contract. <br />Information regarding the Contract administrators will be posted on the Internet web site <br />designated for this Contract. <br />A. State Contract Administrator <br />DIR shall provide a Contract administrator whose duties shall include but not be limited to: i) <br />supporting the marketing and management of this Contract, ii) advising DIR of Reseller's <br />performance under the terms and conditions of this Contract, and iii) periodic verification of <br />product pricing and monthly reports submitted by the Reseller. <br />2 <br />