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SOURCEVdRL Book 2 — IQCC Standard Terms and Conditions and Contract General Conditions 10. MARKETING REQUIREMENTS 10.1 The Contractor shall be proactive about selling and marketing this Agreement to public agencies and non-profit organizations. Failure to do so maybe grounds for termination of this Agreement or other disciplinary action at the option of Sourcewell. 10.2 Sourcewell selected its indefinite Quantity Construction Contracting system based on their research of what provides their Members with the best value and most cost effective results, The Contractor shall avoid all conflicts of interest with the promotion of other IQCC systems to any agency eligible to purchase under this Contract. The promotion of other IQCC systems to any agency eligible to purchase under this Agreement may be grounds for termination of this Contract. 10.3 The Contractor must adhere to the following when preparing marketing materials and web sites, and in the use of trademarks and service marks: 10.3.1 The Contractor shall include the Sourcewell logo and website address on all remarketing materials and web sites that mention this Agreement or have anything to do with this Contract. 10.3.2 The Contractor shall include the eziQC logo, website address (www.eziQC.comj, and ezIQC telephone number (888-993-9472) on all marketing materials and web sites that mention this Agreementor have anything to do with this Contract. 10.3.3 The Contractor shall be authorized to use Sourcewell's and Gordian's names, logos, trademarks, service marks and Sourcewell and Gordian provided materials solely for the presentation and promotion of the availability and use of this Agreement by Sourcewell Members and Potential Sourcewell Members, and agrees that all uses of the trademarks and service marks belonging to Sourcewell and Gordian shall include the appropriate trademark and service mark symbols (* or "I") at all times 10.3.4 The Contractor shall not collect information from a Sourcewell Member or Potential Sourcewell Member on Contractor provided forms or web sites. The Contractor shall advise the Sourcewell Members or Potential Sourcewell Members to enter all information at the ezIQC11 website or the Contractor may input project information on the ezIQC web site on behalf of a Sourcewell Member or Potential Sourcewell Member. 10.3,4 Under no circumstance may copy or branding images of Sourcewell or Gordian be altered in any way without the express written approval of Sourcewell or Gordian. 10.3.5 All marketing materials shall be coordinated with and approved by Sourcewell and Gordian. 11. PUNCH LIST COMPLETION 11.1 The Contractor understands and agrees that time is of the essence in closing out the Work of this Contract. Upon Substantial Completion of the Work, the Punch List will be transmitted to the Contractor from the Sourcewell Member. The Contractor agrees to begin performance of Punch List Work immediately after receipt of the Punch List. 11.2 Failure of the Contractor or its Subcontractors to begin the Punch List Work within three (3) business days after receipt of the Punch List will be construed as failure to prosecute the Work of the Contract. 13 Section Two — Contract general Conditions Nlarch 21119