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Docusign Envelope ID: 96373C15-E640-4BB3-9961-24079CAD47D6
<br />SECTION 1. DEFINITIONS
<br />Capitalized terms used herein are defined as follows:
<br />"Attachments" means the attachments, addenda, schedules, exhibits, and other documents,
<br />however so titled, attached hereto or incorporated by reference herein.
<br />"Business Days" means Monday through Friday, inclusive, excluding State holidays specified
<br />in section 110.117, Florida Statutes ("F.S.").
<br />"Contractor" means the person or entity that is a party to the Term Contract and is offering
<br />Products for purchase.
<br />"Customer" means the agency, as defined in section 287.012, F.S., or eligible user, as defined
<br />in Rule 60A-1.001, Florida Administrative Code ("F.A.C."), that makes a purchase off the Term
<br />Contract. For the avoidance of doubt, this also includes the Department when it purchases off the
<br />Term Contract.
<br />"Department" means the Department of Management Services, an agency as defined in section
<br />287.012, F.S., responsible for the administration of this Term Contract.
<br />"Enterprise Alternate Contract Source" means a contract authorized pursuant to section
<br />287.042(16), F.S., or approved pursuant to section 287.057(3)(b), F.S., for statewide use.
<br />"Product" means any deliverable under the Term Contract, which may include commodities and
<br />contractual services, as each is defined in section 287.012, F.S. "Product" does not include, and
<br />no State funding under the Term Contract is being provided for, promoting, advocating for, or
<br />providing training or education on "Diversity, Equity, and Inclusion" ("DEI"). DEI is any program,
<br />activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender
<br />identity, or sexual orientation and promotes differential or preferential treatment of individuals on
<br />the basis of such classification, or promotes the position that a group or an individual's action is
<br />inherently, unconsciously, or implicitly biased on the basis of such classification.
<br />"State" means the State of Florida
<br />"State Term Contract" means a term contract that is competitively procured by the department
<br />pursuant to section 287.057, F.S. and that is used by agencies and eligible users pursuant to
<br />section 287.056, F.S.
<br />"Term Contract" means the legally enforceable term contract, as defined in section 287.012,
<br />F.S., between the Department and Contractor to which these Enterprise Standard Terms and
<br />Conditions apply, including all Attachments thereto. The Term Contract is either a State Term
<br />Contract or an Enterprise Alternate Contract Source.
<br />SECTION 2. CONTRACT AMENDMENT
<br />2.1 Amendment. The Term Contract contains all the terms and conditions agreed upon by the
<br />parties. Unless otherwise stated in Term Contract, the Term Contract may only be amended
<br />upon mutual written agreement signed by the parties. No oral agreements or representations
<br />will be valid or binding upon the Department or the Contractor. Unless explicitly agreed to by
<br />the Department in the Term Contract, no unilateral alteration or modification of the Term
<br />SP approved version 08-28-2024 Page 2 of 20
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