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DIR Contract No. DIR -SDD -890 <br />STATE OF TEXAS <br />DEPARTMENT OF INFORMATION RESOURCES <br />CONTRACT FOR PRODUCTS AND RELATED SERVICES <br />DELL MARKETING, L.P. <br />1. Introduction <br />A. Parties <br />This Contract for products and related services is entered into between the State of Texas, <br />acting by and through the Department of Information Resources (hereinafter "DIR ") with <br />its principal place of business at 300 West 15 Street, Suite 1300, Austin, Texas 78701, <br />and Dell Marketing, L.P. (hereinafter "Vendor "), with its principal place of business at <br />One Dell Way, MS RR8 -06, Round Rock, Texas 78682. <br />B. Compliance with Procurement Laws <br />This Contract is the result of compliance with applicable procurement laws of the State of <br />Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State <br />Business Daily, Request for Offer (RFO) DIR- SDD -TMP -120, on April 1, 2008, for <br />Dell- Branded Hardware Products and Related Services. Upon execution of this Contract, <br />a notice of award for RFO DIR- SDD -TMP -120 shall be posted by DIR on the Electronic <br />State Business Daily. <br />C. Order of Precedence <br />This Contract; Appendix A, Standard Terms and Conditions For Products and Related <br />Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses <br />Subcontracting Plan; Appendix C, Product and Pricing Index; Appendix D, Customer <br />Master Services Agreement; Exhibit 1, Vendor's Response to RFO DIR- SDD -TMP -120, <br />including all addenda; and Exhibit 2, RFO DIR- SDD -TMP -120, including all addenda; <br />are incorporated by reference and constitute the entire agreement between DIR and <br />Vendor. In the event of a conflict between the documents listed in this paragraph, the <br />controlling document shall be this Contract, then Appendix A, then Appendix B, then <br />Appendix C, then Appendix D, then Exhibit 1 and finally Exhibit 2. In the event and to <br />the extent any provisions contained in multiple documents address the same or <br />substantially the same subject matter but do not actually conflict, the more recent <br />provisions shall be deemed to have superseded earlier provisions. <br />2. Term of Contract <br />The term of this Contract shall be one (1) year commencing on the last date of approval <br />by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend <br />the Contract, upon mutual agreement, for up to three (3) optional one -year terms. <br />Page 1 of 15 <br />