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<br />SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
<br />accordance with this paragraph is a condition precedent to such remedy. No claim for damages,
<br />other than for an extension of time, shall be asserted against the Customer or the Department.
<br />The Contractor shall not be entitled to an increase in the Contract price or payment of any kind
<br />from the Customer or Department for direct, indirect, consequential, impact or other costs,
<br />expenses or damages, including but riot limited to costs of acceleration or inefficiency, arising
<br />because of delay, disruption, interference, or hindrance from any cause whatsoever. If
<br />performance is suspended or delayed, in whole or in part, due to any of the causes described in
<br />this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased
<br />cost, unless the Department determines, in its sole discretion, that the delay will significantly
<br />impair the value of the Contract to the State or to Customers, in which case the Department may
<br />(1) accept allocated performance or deliveries from the Contractor, provided that the Contractor
<br />grants preferential treatment to Customers with respect to products subjected to allocation,
<br />and/or (2) purchase from other sources (without recourse to and by the Contractor for the related
<br />costs and expenses) to replace all or part of the products that are the subject of the delay, which
<br />purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or
<br />in part.
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<br />3.38 Equitable Adiustment: The Department may, in its sole discretion, make an equitable
<br />adjustment in the Contract tenns and/or pricing if pricing or availability of supply is affected by
<br />extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the
<br />following criteria: (I) the volatility is due to causes wholly beyond the Contractor's controL (2)
<br />the volatility affects the marketplace or industry, not just the particular Contract source of
<br />supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so
<br />affects the Contractor that continued perfonnance of the Contract would result in a substantial
<br />loss.
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<br />3.39 ScoDe Chane:es: The Department may unilaterally require, by written order, changes
<br />altering, adding to, or deducting from the Contract specifications, provided that such changes are
<br />within the general scope of the Contract. The Department may make an equitable adjustment in
<br />the Contract price or delivery date if the change affects the cost or time of performance. Such
<br />equitable adjustments require the written consent of the Contractor, which shall not be
<br />unreasonably withheld. If unusual quantity requirements arise, the Department may solicit
<br />separate bids to satisfy them.
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<br />3.40 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement, the
<br />Department and the Contractor may renew the Contract, in whole or in part. Any renewal shall
<br />be in writing and signed by both parties.
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<br />3.41 Advertisine:: The Contractor shall not publicly disseminate any information concerning the
<br />Contract without prior written approval from the Department, including, but not limited to
<br />mentioning the Contract in a press release or other promotional material, identifying the
<br />Department or the State as a reference, or otherwise linking the Contractor's name and either a
<br />description of the Contract or the name of the State, the Department, or any Customer in any
<br />material published, either in print or electronically, to any entity that is not a party to Contract,
<br />except potential or actual authorized distributors, dealers, resellers, or service representative.
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