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for the agency insofar as dealings with such corporation are concerned." Additional information <br /> about PRIDE and the products it offers is available at http://www.pridefl.com. <br /> 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. <br /> requires the following statement to be included in the solicitation: "It is expressly understood and <br /> agreed that any articles that are the subject of, or required to carry out, this contract shall be <br /> purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is <br /> qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same <br /> procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this <br /> contract the person, firm, or other business entity carrying out the provisions of this contract <br /> shall be deemed to be substituted for the State agency insofar as dealings with such qualified <br /> nonprofit agency are concerned." Additional information about the designated nonprofit agency <br /> and the products it offers is available at http://www.respectofflorida.org. <br /> 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by <br /> the parties, which terms and conditions shall govern all transactions between the Customer and <br /> the Contractor. The Contract may only be modified or amended upon mutual written agreement <br /> of the Customer and the Contractor. No oral agreements or representations shall be valid or <br /> binding upon the Customer or the Contractor. No alteration or modification of the Contract <br /> terms, including substitution of product, shall be valid or binding against the Customer. The <br /> Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to <br /> product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product <br /> literature, "shrink wrap" terms accompanying or affixed to a product, whether written or <br /> electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other <br /> documents forwarded by the Contractor for payment. The Customer's acceptance of product or <br /> processing of documentation on forms furnished by the Contractor for approval or payment shall <br /> not constitute acceptance of the proposed modification to terms and conditions. <br /> 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the <br /> agreement of the Contractor, other entities may be permitted to make purchases at the terms and <br /> conditions contained herein.Non-Customer purchases are independent of the agreement between <br /> Customer and Contractor, and Customer shall not be a party to any transaction between the <br /> Contractor and any other purchaser. <br /> State agencies wishing to make purchases from this agreement are required to follow the <br /> provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management <br /> Services to determine that the requestor's use of the contract is cost-effective and in the best <br /> interest of the State. <br /> 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under <br /> this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to <br /> enforce those rights, nor shall any single or partial exercise of any such right preclude any other <br /> or further exercise thereof or the exercise of any other right. <br /> 45. Annual Appropriations. The State's performance and obligation to pay under this contract <br /> are contingent upon an annual appropriation by the Legislature. <br /> 34 <br />