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DIR Contract No. DIR -SDD -890 <br />H. Changes to Prices <br />Vendor may change the price of any product or service at any time, based upon <br />changes to the MSRP, but discount levels shall remain consistent with the discount <br />levels specified in this Contract. Price decreases shall take effect automatically during <br />the term of this Contract and shall be passed onto the Customer immediately at the <br />time of submission of a purchase order, but shall not be retroactive to products for <br />which a purchase order has been received, or for services currently being rendered <br />under a prior purchase order. <br />5. DIR Administrative Fee <br />A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of <br />all sales to Customers pursuant to this Contract Contract is one quarter of one percent <br />(0.25 %). Payment will be calculated for all sales, net of returns and credits. For example, <br />the administrative fee for sales totaling $100,000 shall be $250.00. <br />B) All prices quoted to Customers shall include the administrative fee. DIR reserves the <br />right to change this fee upwards or downwards during the term of this Contract, upon <br />written notice to Vendor. Any change in the administrative fee shall be incorporated in <br />the price to the Customer. <br />6. Notification <br />All notices under this Contract shall be sent to a party at the respective address indicated <br />below. <br />If sent to the State If sent to the Vendor <br />Sherri Parks, Director <br />Contracting & Procurement Services <br />Department of Information Resources <br />300 W. 15 St., Suite 1300 <br />Austin, Texas 78701 <br />Phone: (512) 475 -4700 <br />Facsimile: (512) 475 -4759 <br />Email: sherri.parks @dir.state.tx.us <br />Lorri Bailey <br />Dell Marketing L.P. <br />One Dell Way, M/S RR8 -35 <br />Austin, TX 78682 <br />Phone: (512) 723 -0016 <br />Facsimile: (877) 248 -3734 <br />Email Lorri_Bailey @Dell.com <br />7. Software License and Service Agreements <br />A. Software License Agreement <br />Compliance with any Software License Agreement sold through this Contract is the <br />responsibility of the Customer. DIR shall not be responsible for any Customer's <br />compliance with any Software License Agreement. If DIR purchases software <br />licenses for its own use under this Contract, it shall be responsible for its compliance <br />with the Software License Agreement terms and conditions. <br />B. Shrink/Click -wrap License Agreement <br />Vendor may sell third -party shrink/click -wrap software products as awarded under <br />this Contract. All software sold is subject to the license agreement provided with the <br />Page 4 of 15 <br />