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2 Any payment terms requiring payment in [ess than 30 days far state agencies or less than 45 days for <br /> localities wiU be regarded as requiring payment 30/45 days(as appiicable)afte�invoice or cielivery,whichever <br /> occurs last This shali not affect offers of discounts far payment in less than 30145 days (as applicable), <br /> hc�wever. <br /> 3. All goads w services.provided under this Contrack or purchase order,that are to be paid far with public funds, <br /> sha11 be billed by the Contractor at the Cantract price,tegardless of which ordering enti#y is being billed. <br /> 4. ?he faliowing shall be deerned to be the date of payment:the date of postmark in ali cases where payment is <br /> made by ma31, or for state agencies the dste of affset v+then af�set proceedings have been instituted as <br /> authorized under the Virginr'a Debt Colieation Aat. <br /> Unreasonabie Charges.Under certain ernergedcy procu�errsents�and tor mast time and materia!purchases, <br /> flnat job costs cannot be accuratefy determined at tha time ordeis ara piaced.in suoh cases,khe Coniractar is <br /> advised that final payment in full is contingent on a determination of reasonableness with respect to ail <br /> invoiced charges. Charges#hat appeac ta be unreasonabte witl be researched and challenged,and that <br /> portion of the invoice heid in abeyance until a settlemenk can be reached. Upon determining that invoiced <br /> charges are not reasanable,the ordering Authorized User shali promptiy notify the Contractar,in writing,as to } <br /> thase charges which it cansiders unreasonable and tha basis for the de#errrtinatlan.The Cart#ractar may not <br /> institute legal action uniess a seitlement cannat be reached within thirly(30)days of notification.The <br /> provisior�s af this secticyn da not reifeve an ordering entity af its prompt payment obligatfons with respect to r <br /> those charges which are na#in dispute(Code of Virgrnia,§2.2-4363}. <br /> 17. PRECEDEAlCE 4F TERMS <br /> The Polbwing Terms and Conditions VENDQRS MANUAL, APPLICABLE I.AWS AIVD COUi2TS, RNTi- <br /> DISCRIMINATION, ETHlCS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND GONTRQ�ACT OF 1986, <br /> pEBARMENT STATUS, ANTITF2US3, N1A1�C3A1'tiFtY USE C1F STATE FORM APtD 1'ERMS Aht€� CON€�[TIC7NS, ; <br /> CLARIFICAT{aN OF TERMS, PAYMENT shail apply in all instances. in the event there is a confiict between any of <br /> the other Ger+eral�erms and Conditians contained in the original RFP, and any negotiatect Terms and Canditions 'sn <br /> this Contract,then the negatiated Terms and Conditions of#his Contract shall appty. <br /> 18. QUAI.lFICATlC}NS 4F CflN1`RAC1'OE2 <br /> The Carnmonwealth or an Authorized User may make such reasanabte investiga#ions as deemed proper and <br /> necessary ta determine the ability of the Contractor to perhxm any Services or furnish any Equipment or Products <br /> within the scope t�f this Contract. The Gommanweal#h m an Authorized User reserves the r�ght to 'snspect, withaut <br /> advance�otice,Contractor's physicai facilitiss at any time during the initiai term and any subsequent renewal periads, <br /> to satisfy any questions regatding fhe Contractor's capabilitias. • � <br /> 19. TESTING ANC!INSPECTION <br /> The Commonwealth ar any ordet'ing AutharEzed Use�reserves the right ta cancfuct any tesUinspection they may deem <br /> �dvisable to a5sure that P�oducts and Services conform to all�ontract requirements or specificatians. <br /> (aiso see section harein entitied"ACCEPTANCE") <br /> � <br /> Z0. ASSIGNMENT OF CClPITRACT <br /> This Co�etract shalt nat be assignabEe by the Contrackor in whote or in pa�t without the wriiten consent of the ! <br /> Commonwealth. . <br /> 21. CHANGES TO THE C�NTRACT <br /> Changes can be made to this Contract in any of the fotlawing ways: <br /> A. The pa�ties may agree in writing kg modity the scope of the Cantract. An inc�ease or decrease in fhe price of#he <br /> Contract resulting from such modification shail be agreed ta by ihe parties as a pa�t of their wrttten agreement to <br /> madify the scape of the ConEract. : <br /> t <br /> 8, The Comrnonweelth may order changes within the general scope af the Contract at any time by written notice to <br /> GiNig Buses <br /> E194-75548 NlA2274 <br /> (Page 6 af 28) <br /> E <br />