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Suspension of obligations <br />If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all <br />other rights and remedies available to the non -defaulting party, the non -defaulting party may suspend performance and <br />observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied. <br />Return of software <br />If Customer discontinues use of ETA's software or in the event of termination of this Agreement; Customer shall <br />immediately return to ETA all Software and any copies thereof and cerfrfy in writing to ETA that Customer has done so. <br />Price and payment <br />The amounts to be invoiced by ETA to the Customer shall be in accordance with the Quotation or Purchase Order <br />attached as Exhibit 1. <br />By executing this agreement, Customer agrees that invoices shall be accepted based on the Milestone Payment <br />Schedule included in the Quotation or Purchase Order attached as Exhibit 1, and shall be paid within 30 days of <br />invoice, in the amounts stated thereon. Invoices for additional services hereunder which are not included in the <br />Milestone Payment Schedule shall be invoiced upon completion of work, and shall be paid within 30 days of invoice. <br />Piggyback Provision <br />This contract is intended to allow for cooperative use by other government entities, facilitating 'piggybacking' of its terms <br />and conditions. While pricing shall strive to remain competitive, it is understood and agreed that adjustments may be <br />necessary to reflect fluctuations in the market, including but not limited to, increases due to inflation or higher prices <br />bome by the supplier. Any such price adjustments shall be reasonable and transparent, and the supplier shall provide <br />supporting documentation upon request to substantiate the need for said adjustments. <br />Products and services <br />The Hardware Products, Software Products and ETA Services covered by this agreement shall be as set forth in the <br />Quotation or Purchase Order attached as Exhibit 1. <br />All warranties and maintenance and support rights and obligations related to Hardware Products, Software Products <br />and ETA Services shall be as agreed and set forth in the System Support Agreement between the parties attached as <br />Software Support Agreement. <br />Initials: ETA Transit • 3 <br />