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Docusign Envelope ID: 96373C15-E640-4BB3-9961-24079CAD47D6 <br />4.2.6 Termination for Refusing Access to Public Records. In accordance with section <br />287.058, F.S., the Department may unilaterally terminate the Term Contract for <br />refusal by the Contractor to allow public access to all documents, papers, letters, or <br />other material made or received by the Contractor in conjunction with the Term <br />Contract, unless the records are exempt from s. 24(a) of Art. I of the State <br />Constitution and section 119.071(1), F.S. <br />SECTION 5. PURCHASES OFF THE TERM CONTRACT. <br />5.1 Purchases. By executing the Term Contract, the Contractor agrees to allow Customers to <br />make purchases off the Term Contract. Purchases from Customers other 'than the <br />Department are independent of the agreement between the Department and the Contractor, <br />and the Department shall not be a party to such transaction. Customers' purchases off the <br />Term Contract are limited to Products offered under the Term Contract, and no additional <br />Products may be provided under a purchase off the Term Contract. <br />5.2 Purchase Submission. For any purchases off the Term Contract, either the contract (as <br />defined in Rule 60A-1.001, F.A.C.) must be executed between the Customer and Contractor, <br />or the purchase order (as defined in Rule 60A-1.001, F.A.C.) must be issued by the Customer <br />to the Contractor, no later than the last day of the Term Contract's term to be considered <br />timely. Contracts executed, or purchase orders issued, after the last day of the Term <br />Contract's term shall be considered void. <br />5.3 Terms. The terms of the Form PUR 1000, General Contract Conditions, incorporated in Rule <br />60X-1.002, F.A.C., and linked here http://www.flrules.org/Gateway/reference.asp?No=Ref- <br />16731, are hereby incorporated by reference herein and will apply to all purchases made by <br />a Customer off the Term Contract. The Customer may attach additional terms and conditions <br />specific to its particular purchase made off the Term Contract, which are considered Special <br />Conditions. The term "Special Conditions" does not include any Contractor -provided <br />documents, including attachments or standard preprinted forms, service agreements, end <br />user agreements, product literature, or "shrink wrap" terms accompanying or affixed to a <br />Product, whether written or electronic, or terms incorporated onto the Contractor's order or <br />fiscal forms or other documents forwarded by the Contractor for payment. Any Customer <br />Special Conditions shall not become a part of the.Term Contract. <br />5.3.1 Term. The term of the Customer purchase off the Term Contract will be as specified <br />in the purchase, except that if renewals of the purchase are permitted, the Customer <br />and Contractor shall not renew the purchase if the Term Contract expires prior to the <br />effective date of the renewal. Any existing term of a purchase off the Term Contract <br />shall not extend more than forty-eight (48) months beyond the end of the Term <br />Contract. However, if an extended pricing plan offered in the Term Contract is agreed <br />upon by the Customer and Contractor and extends more than forty-eight (48) months <br />beyond the end of the Term Contract, the agreed upon extended pricing plan terms <br />shall govern the maximum duration of the purchase. The Contractor is required to <br />fulfill timely, purchases that extend performance beyond the Term Contract term even <br />when such extended delivery will occur after expiration of the Term Contract. For <br />such purchases, all terms and conditions of the Term Contract shall survive the <br />termination or expiration of the Term Contract and apply to the Contractor's continued <br />performance. <br />5.3.2 Additional Requirements. All Customer purchases off the Term Contract shall <br />SP approved version 08-28-2024 <br />Page 6 of 20 <br />599 <br />