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HomeMy WebLinkAboutContract 52575 �A F'w�D CSC NO.52575 ,)U1-29 2019 cm n�roatwaAct+ SUPPLIER SERVICES AGREEMENT Zlv S Life Technologies Corporation This SUPPLIER SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Life Technologies Corporation ("Supplier"), a Delaware corporation,and acting by and through Patricia A. Trigueiro, its duly authorized Contracts Specialist,each individually referred to as a"party"and collectively referred to as the"parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Supplier Services Agreement; 2. Exhibit A—Life Technologies Terms and Conditions of Sale; 3. Exhibit B — Price Schedule, which includes its Attachment 1 (Goods) and Attachment 2 (Services); and 4. Exhibit C — Verification of Signature Authority Form, which includes its Attachment 1 (Certificate of Assistant Secretary-Signature Authority 04-24-19). Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Supplier shall provide laboratory supplies and instrument services on an as-needed basis for the City of Fort Worth(City)Police Department(FWPD). Exhibit"A,"-Scope of Services more specifically describes the goods and services to be provided hereunder. 2. TERM. This Agreement shall begin on June 26,2019("Effective Date")and shall expire on September 30, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement may be renewed for up to four (4) one-year terms at the City's option and upon written agreement by the Supplier,each a"Renewal Term."The City shall provide Supplier with written notice of its intent to renew at least thirty(30)days prior to the end of each term. 3. COMPENSATION. City shall pay Supplier in accordance with the fee schedule in accordance with the provisions of this Agreement and Exhibit `B,"—Price Schedule. Total payments made under this Agreement by City shall not exceed the amount of Two Hundred and Thirty Thousand Dollars ($230,000.00) per year. Supplier shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Supplier not specified by this Agreement unless City first approves such expenses in writing. 19-0114 Supplier Services Agreement W RID; CITY SECRETARY FT WORTH,TX 4. TERMINATION. 4.1. Written Notice. City or Supplier may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. The City's obligation for payment of any goods or services beyond the current fiscal year end is contingent upon the availability of funding and upon appropriation for payment to the Supplier. In the event no funds or insufficient funds are appropriated by City beyond the fiscal year end period for any payments due hereunder, City will notify Supplier of such occurrence and this Agreement shall terminate on the last day of the current fiscal year for which appropriations were received without penalty or expense to City of any kind whatsoever. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,City shall pay Supplier for the greater of 1)services actually rendered and expenses actually and reasonably incurred in servicing a covered instrument under its underlying instrument services plan("Service Plan")up to the effective termination date,or 2)the prorated price of the underlying Service Plan from its effective date up to the effective date of termination; and, Supplier shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination.Upon termination of this Agreement for any reason,Supplier shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Supplier has received access to City Information or data as a requirement to perform services hereunder, Supplier shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Supplier hereby certifies to City that Supplier has made full disclosure in writing of any existing or potential conflicts of interest related to Supplier's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Supplier hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Each party, for itself and its officers, agents and employees, agrees that it shall treat all information, which a reasonable person would consider to be confidential, provided to it by the disclosing party ("Confidential Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the disclosing party. Such obligation shall not apply to information that is(a)in the public domain at the time of its disclosure through no fault of the receiving party; (b)was lawfully in the receiving party's possession prior to its receipt from disclosing party, or(c)becomes known to the receiving party from a third party,who is not subject to an obligation of confidentiality towards the other disclosing party. In case a party is required to disclose confidential information by virtue of a court order or statutory duty,then the party shall be allowed to do so,provided that the party shall,without delay,inform the other party in writing of receipt of such order or coming into existence of such duty and enable the other party reasonably to seek protection against such order or duty. 5.3 Texas Public Information Act.Notwithstanding the forgoing, City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary,City shall promptly notify Supplier.It will be the responsibility of Supplier to 19-0114 Supplier Services Agreement submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access. Supplier shall store and maintain the City's Confidential Information in a secure manner and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in any way. Supplier shall notify City immediately if the security or integrity of any City's Confidential Information has been compromised or is believed to have been compromised, in which event, Supplier shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City's Confidential Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Supplier agrees that City shall,until the expiration of three(3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to,all electronic records,of Supplier involving transactions relating to this Agreement at no additional cost to City. Supplier agrees that City shall have access during normal working hours to all necessary Supplier facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section.City shall give Supplier reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Supplier shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Supplier shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subsuppliers, when such are performing duties and obligations under this Agreement. Supplier acknowledges that the doctrine of respondeat superior shall not apply as between City,its officers,agents, servants and employees,and Supplier,its officers,agents,employees,servants,Suppliers and subsuppliers. Supplier further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Supplier.It is further understood that City shall in no way be considered a Co- employer or a Joint employer of Supplier or any officers, agents, servants, employees or subsupplier of Supplier. Neither Supplier,nor any officers, agents, servants, employees or subsupplier of Supplier shall be entitled to any employment benefits from City. Supplier shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subsupplier. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY-SUPPLIER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL TANGIBLE PROPERTY LOSS, TANGIBLE PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SUPPLIER, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 19-0114 Supplier Services Agreement 8.2 GENERAL INDEMNIFICATION - SUPPLIER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER TANGIBLE PROPERTY DAMAGE AND ANY RESULTING PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR NEGLIGENT OMISSIONS OR MALFEASANCE OF SUPPLIER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.3 TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LA W,INNO EVENT SHALL EITHER PARTYBE LIABLE FOR ANYINCIDENTAL,INDIRECT OR CONSEQUENTIAL DAMAGES,REGARDLESS OFHOW CAUSED,AND REGARDLESS OF WHETHER SUCHPARTY WAS NOTIFIED OF THE POSSIBILITY THEREOF. 8.4 TO THE EXTENT THE AGREEMENT, IN ANY WAY, REQUIRES CITY TO INDEMNIFY OR HOLD SUPPLIER OR ANY THIRD PARTY HARMLESS FROM DAMAGES OF ANY KIND OR CHARACTER, CITY OBJECTS TO THESE TERMS AND ANY SUCH TERMS ARE HEREBYDELETED FROM THE AGREEMENTAND SHALL HAVE NO FORCE OR EFFECT. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Supplier shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City.If City grants consent to an assignment,the assignee shall execute a written agreement with City and Supplier under which the assignee agrees to be bound by the duties and obligations of Supplier under this Agreement. Supplier and Assignee shall be jointly liable for all obligations of Supplier under this Agreement prior to the effective date of the assignment.Notwithstanding the foregoing, Supplier shall be permitted to assign its rights and delegate its obligations under this Agreement, in whole or in part,to a successor in interest to all or substantially all of the Supplier's assets or business to which this Agreement relates, without the prior consent of the City; provided, however, that reasonably prompt written notice of such intent to assign or actual assignment is delivered to the City. 9.2 Subcontract. If City grants consent to a subcontract, sub Supplier shall execute a written agreement with Supplier referencing this Agreement under which sub Supplier shall agree to be bound by the duties and obligations of Supplier under this Agreement as such duties and obligations may apply. Supplier shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Supplier shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate 19-0114 Supplier Services Agreement (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Supplier, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. Coverage can be provided in the form of a blanket endorsement to the Supplier's insurance. (b) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.If the rating is below that required,written approval of Risk Management is required. (c) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (d) Certificates of Insurance evidencing that Supplier has obtained all required insurance shall be delivered to the City prior to Supplier proceeding with any work pursuant to this Agreement. All endorsements may be provided in the form of a blanket endorsement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Supplier agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal,state and local laws,ordinances,rules and regulations.If City notifies Supplier of any violation of such laws,ordinances,rules or regulations,Supplier shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Supplier,for itself,its personal representatives,assigns,subsuppliers and successors in interest,as part of the consideration herein, agrees that in the performance of Supplier's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY SUPPLIER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBSUPPLIERS OR SUCCESSORS IN INTEREST, SUPPLIER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 19-0114 Supplier Services Agreement 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: To CITY: To SUPPLIER: City of Fort Worth Life Technologies Corporation Attn:Jesus J. Chapa,Assistant City Manager 5781 Van Allen Way,Carlsbad,CA 92008 200 Texas Street Attn: Bids and Contracts Fort Worth,TX 76102-6314 Email:Bids.ContractServices@lifetech.com Facsimile: (817) 392-8654 With a Copy to: With copy to Fort Worth City Attorney's Office at Life Technologies Corporation same address 5781 Van Allen Way,Carlsbad,CA 92008 Attn: Head of Contracts,Legal Email: Bids.ContractServices@lifetech.com 14. SOLICITATION OF EMPLOYEES. Neither City nor Supplier shall,during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Supplier to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Supplier's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas,exclusive of conflicts of laws provisions.Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County,City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 19-0114 Supplier Services Agreement 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Supplier shall exercise their best commercially reasonable efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to,compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Supplier,their assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Supplier's standard manufacturer warranties for products and instrument services shall apply. Furthermore, Supplier warrants that its instrument services will be of a high quality and conform to generally accepted prevailing standards in the instrument services industry. City must give written notice of any breach of this warranty within ninety(90)days from the date that the services are performed.In such event, at Supplier's option, Supplier shall either(a)use commercially reasonable efforts to re-perform the 19-0114 Supplier Services Agreement services in a manner that conforms with the warranty,or(b)refund the fees paid by City to Supplier for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Supplier shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Supplier shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Supplier shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Supplier employee who is not legally eligible to perform such services. SUPPLIER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SUPPLIER, SUPPLIER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Supplier, shall have the right to immediately terminate this Agreement for violations of this provision by Supplier. 27. SIGNATURE AUTHORITY. The person signing this Agreement hereby represents and certifies that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Supplier whose name, title and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these certifications and representations in entering into this Agreement or any amendment hereto. 28. CHANGE IN COMPANY NAME OR OWNERSHIP Supplier shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.The president of Supplier or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Seller has fewer than 10 employees or the Agreement is for less than$100,000,this section 13 does not apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Seller certifies that Seller's signature provides written verification to City that Seller: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. 19-0114 Supplier Services Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 26 day of July, 2019. (signature page follows) 19-0114 Supplier Services Agreement ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By; Jesus J.Chapa(Jul 19)26, this contract,including ensuring all performance and 0 Name: Jesus J. Chapa reporting requirements. Title: Assistant City Manager Date: Jul 26, 2019 By: jam KO( Jul'16,2019) Name: James Rodriguez APPROVAL RECOMMENDED: Title: Sr Management Analyst,Police APPROVED AS TO FORM AND LEGALITY: By: Ed-win Kraus(Jul 26,2019) Name: Edwin Kraus Title: Chief of Police�s ` . By. Matt Murray(Jul 26,201V ;p �. -o� Name: Matthew Murray ATTEST: �L'r0�4 • "'"': ' '= Title: Assistant City Attorney CONTRACT AUT O ZATION: C? B r� yty� -M&C: P-12348 as 19Y , Form 1295• Name: Mary J.Ka er Title: City Secretat'y SUPPLIER: Life Tecti„odoges Corporation ATTEST: By. By: Name: Patricia A.Trigueiro Name: Marlene Wilkie Title: Contracts Specialist Title: Contracts Specialist Date: July 26,2019 �L9i1L RECORD 19-0114 Supplier Services Agreement CITY SECRETARY FT. WORTH,TX EXHIBIT A LIFE TECHNOLOGIES' TERMS AND CONDITIONS OF SALE Thaalc war for yva nicest in puchass g oar pmdu h.are vaha your busies sod our goal is to imsomhie cm or as odmwm mdwmd m the bbeL If yam do ant coobd m mdhm This Sae day makey�pmei�ngespaieonnsmoathaspossbklfwahaeaswgn abatoegaotatioo poolenwsLdeemlhepo�t�bboxvWcLbwymwMn)tlommymxmivsiets. or armnob peocez,Pima nfr b the"Sr4pok"section of our wn>zye.Udess odatwrs e�shy wodmas-&)—paved—ofprodatssubjectioda"owngtemss Rod emdi�: 7-2 ]fm�seomdisaetlaabaatho�apodtd6o< 1. 1 Teem et Terms relumlhadhprodud®etavive�aa inacmdboasaliSeioavfornsikAuiwnaomt dos to ourerur its subject to a restodmog change of 2Yh of the sale pool.We do sot audit slgp% Ll Stt-1Terrot;Tbe�e a—and coo&ft=('Ta=*).our quotation(sf aur)a� �You will not secaisa medic far aw product sdaned withau erpioe eommt S�plemezmryTessm,tfam.comprise the ageumea('Afr eeme>')betweeayoo mdTh®o Frher SerrmSc Unlez your order is subject to a aaod,ant eaeueed ape®oust betwem you ad & W2"wsdn Theo Fier ScimtiSc or asi of tbe Thermo fnbw Sci®dz5c VoW compamG.m which cze such a appbe;,van apee m accWt ad be hand by the Apeemmt by ordering on 8.1 - t Ur1";a dffm m rbetmofchr.com a d you recene adrng or sal"docoo�t that sefaene three Terms.This warranty c inch n applicable Suppi�eatirr To or pcothsct resnnae or an the rdn�at Agueensnt i the complete and eabeite comxi between w with rcpect b yoor pacLase of the ihamofisho.eem ptod�ct paps ire waaam than each comam-b7e and of emral Wmare will prodn� near n specifieaoom m oor puhli:.hed cablogs or a;soaaad Sapplmmtsy'leran.lbss waunidq last;coin the time we ship the cm=mbk or itrm of gmmal labware scttl the e:hr of(a)the 1' T Same of our products an subject to additional sorwm coanranable's or dem of pmetal lab..'s expuy or`tce by"due:and(y)is qea6ed minim of X— I®hd me labellama or dhr wedgy coahad tin that you.will out rod has min If we do riot rpm&the expiry date,the murriba of a,".or a gram Runty proud the MpphazoanteryTernalYoowilifedattySapplemrmryTecuet;batappiybyoQpumbaseatow warsaotywIlatfortwehia(12)—th fimsthadateweshipthepmdad um b you an tb®e5shr erm or n lifteat .there aemoarpu.n"doproduct You caa also ohhm cape loom Ctsbmr Saciees. 8.2 red wicarmrtm Ik lane rots.Units a dr9'rad warrauy is ioclmded in xvtwabie 13 win many cooditioos wAhn da Agaemsm docmeoft—�with of def ct�m matr�s and awakmm1*whin room®pry and nmded zostruicautes w•ill be each diver, in gne the foibwna ptiodr (a)�4> (b)my apphe" byprvprly trained pasc®e1 fa twehet(L')numb;6om the dare we ship the mstr>mmt to)w®,or Sappiemrmry Tans;sod(c)fmany due arms.We eaprE;ly reject any dufiaeat trim or io the cze of nmumrct;that zce iaacarr-.®llation by o peL niahe 02)—Jr teem pmusiom mmbmedm my doeumsnt voapraide.grid sfth e�a�uxmdtiaos n this Agnemet ;i,t;..,bar in m ea.t knw Ibaa lift m(15)modhs from the dam we ship the mrtrcmmt to di5tr tam Poe t—ofyour cffr.ttho Apeeneoi sm-e as the goswtmrg—far am cmbet )O¢ mire a 4 am$Ul mm 1Fatwfbattd 1 aApsemmt 6ebwn m is aesdd whin you 83 livaad Wzxada•fer Same Pare We aka wn>mt that VM para)Oe pacha e 5oa frm rs and the we iatail cram instafled by a compmywe knit crated as m authorized a sheer. will be five of ddec s in mateoak and vLm&mz J*for three(3)moothc from the dam we dehor 2. 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OR OTf7ER TARJEW-G 0.TrK THE staid w-Ini;rh wet vaRaboaddibmto vow imoiea PRODUCCSPERFOnIEDBYANYPERSCNCFFNIMOTH RTHANLS'WHOUTOUR. PRIOR WRTTTI'N APPROVAL OR ANY USE OF REPIAMUNT PARTS W'E HAVE NOT 3. Cancellation wad Cbamees SUPPLIED, WILL BL%MATELY VOID AMID CA\Xn ALL WARRAti-IIES RTIH RESPECT TO THE AFFECTED PRODUCTS. Ocoee you have placed your order you cmoot cased or change it witboot our wrnm cons" �If eve�dyats®e that products for which you mKpm ud minaM saaicas as not eovmu.I by der Pn.meat ymvnupayatm basfaaIle�� m�drequin gb��ateur� U Rnumixt WeviZimvace you fix the 1��6bmeandsmtrials�ares. due wbmwe pundtcttaig y uw2ll thr chmp7e .sop wathe prodiet.LTnl"swe]vNi agmedathaassemwnunE Rower pr•mwAhm gs ) , 30 days Into yyO�ra receipt of nsoice.Each order c a,epma transaction a)•m and you me off-set paymresr;.includag tumor oadr-prat--their.We remve the right to regme m mto smke foal W OUR WARR ANEES EX-MU) OMY 10 YOU THE C[UGD L apart of payment n advance.or pronde other security to am sati.Schoa tfwe behne in good 5ah PURCHASM AND YOU CAI1 M TRAPbM IMM OG8 OM1GAT W TO REPAIR OR your fi that —1 conduct do"mtprtdythe payment toms otherwi a spe mfied You,will make REPLACE APR()OLXT IS YOUR SOLE REMYr all piyoieot n the cmmcy speared m our armice to you. 4= LatePavmectIfyommlatemmalms 01) EXCEPT AS OTHERR7g STATED. WE DSC1.ABI ALL OTHER rig)at yam w•il make payment b wpm our demand ofa ha-paNm�ch-oge_The law W�•W� EXIMESS OR A4PTI M MAL OR WRICLf 4 u1ni RESPECT chap will be calculaad m txo"t on the;�due ram the paymt�der data until you eaAe 101HEPRCYIIUCTS,L ILT)]NG0.TlHOLTIlIufflATIO1dAILIA�LTFDAARRANIIFS payment n fun.at the raw of 1 Speree p mood;or,if less.the sm�m amomt allowed by law and win aka mrhrde our rvasamble cost oeaneciam(mckad g collection agency&"ao aaxneys (a) OFMMCHANTAMLTIY; ties).1�a also rrmethe ngbtm oml or stoapp dEkl6my optodict maaosit and withhold shrpmeat inwbodleeat=panifycadowtpaymwhmdse atif�rondhzwredowtperfotmyousobbgarom (b) OFUDIEESSFORANYPARnalARPURPO5E;ANDOR in this Ageem®o. ((�� R ANYPAAIKVTAa)AENTT.THEPRCDtXrSAAEI ERYEORMMACCCRO 1SH 5.1 Dehv W e wtl hippraducfs b the de tnation)oar specify mwur ardrr FCA U me taring the applicable.--y pe ird®hy.fix go&—not merans Incwaari;2010 oar ping point By b thre Terms war(t)gait yam crosew for us s to oar warranty.we agree,m our sole drezeam m repair or replace tie min-cmfarmog prodct ardor aranp Aircautap fer all product,suhereumdr m your bebal and(a)waive you right to gpmcxaide additional a reamm nwessxvm cwwiywithourwmadyobhptiaos ba)omsmst aa;anQe gage,or to gwe m my specific m tntctiom mprdng carnage.We may,ram dnaretim fast pr..P*mru„o;in writing when ym dz< w wry defeat or nazicoofamamce,and rtrlude m make partial shWxxexZ ad ntouce each shipixie 5epwately.Our drives are anzworane the notice clear ddaiL•oyoa wan'anty clam After our recaerc assts®g we,audaonae the product oiilv,andwe crrIl mtbe table 6x am lac or damages tasv7mg tom my delis n de}ivery Ym may ream we wtIlyracide yoawith mciee data ao or a RslumS g ( iA7.cekich ootrefimdthsayorodmmiiberebamdoamyobhpbon-awdaresuhof;orhdeby_lfardalway �S��boha�ddecaemmaanangoceda"aoaihr hmAngiestrcnoaG ofapodretso you,sddaved due,b jury c=rA. yaw comoLwewsl place its delayed godtci. that yam must ham For valid product waua>Yy cl—hazily trade to acxordana with this m�onge art you rzk amdetgense Apvemmt),or alum renum the act-auformng product;b u s,armlessgave we a odtnwce,and we wwildll prepay the shipping cost.For rsbmseo. ads,we may ehoase m pos'de Nw rah new•or t. Rest of Loss cad Tide refnbr3mdrepbcemmtpam.Allr*pbcedpatwillbecomeaurpraper-We will amp y—impired etreplaormentpodium aacordog to amDelnwy a us in Section 5 of tb"e Tam. I3rludog sanwa iecctpuafrd.'I a arising part of a pradtd which we or our Iicgaz eaEs.s b oaa tide b aidosk ailosr odhe prodea will pass bayou ubmwe lmdbm 8.' We do wit support or make any warrant"about landmm mite the�tmltza rat cur t3nlrty or ttpphed by game thatyam pure through anyof our salt Ulm ymbuy a dad pmyproduct we will let yin krow tout thua puclaw n gocemed by the thadparh's 7. Rataras aDd lihataers own cmram tarns_You»swt look deadly to the relana tosdimty oiaIDGcnmr far product soPDot waraeti",and to make wawa ry chinm We agave,hwevw,to rzgu ea wm an saaamy Cr 7,1 auamr Soaira mat right a!way rrcrve ramth original®Gctora a thud party applir.m the e�the euie�l pre w thanin an proctor atuos Customer mamradmrerr third party;urpporalba:. Scan"win appom re4on of prodat thaat is damagd or ddschse m comctc—nausoar"wrenlrtedaysatlrteeingdeprooctmdptas sochdamge� dived has sot berg camel by army Ldme by you or die ca it to bud @ or scree pia I rum* 19-0114 Supplicr Services Agreement 9. Irudemmfie*lien 114 We want b avod clam*d im>e0ecttnl property i!tire a t.If ere belneve a pro�rt we have add to you mar be b a dam for 9.1 Our hsdetmuv. ;sea wing pmpety mfiaspe-t roe mat a]or w(at our option)to either(a)sense for you the the off a re ti�ttocue us" �thproduct(b)so—theptodtsctwr<hamI steleaodwtVVAsMl ur lofimtemeot hrdetrnirv. We will defid and md—A wit aP.t tS*err(c)tellyoueorenmthepromrteo>tiandwevnK-fimdtoyouthepr=ywpaidIn e c mfiinsemm O da�pt awarded m any legal anion btotrsk a thud party asama your thase d imstrmmt.we will taller a m able amain for m htmem's we.darmpe a all. afimgeaopt d aav tamellechal prapaty t --.d by t{md p�rhas ansm6 dnealy IG now oft ofdaie or art done alety fivm a pmdult as mi d=,aed and pprmo•zrkd by m to you butahvays we md'or cambmamcon of=&prod et with alder peaches! a ca.p.!.&-Tht mfim>pemrm imdemurty does L'. Cmtm Products not apply to(a)clams that sere based m your fiahue to vowly wdh the Ageement;(b)A-- ,bat Wax bared on oar fadtae b acgrate any appkabie addmml ustaIleaval pmpwt5 tip 12-1 Decmme w\take or Dehtrr if.mi to to m-farttm a Cwbmpraduct we related to your use ottbe ptodnct CAd&---d RigbG7:(c)pr-hrm dot vm.de,assembled or may decline b deign at na®acre that w-lo i at my slap of the proms:if the pto&M is labeled m reliance upon ytmr uz;mtcnm,gwi9tanom.or other ditectam:(d)your w*a realer tmstnable a eemmera3W mrpacacal b MMZUfiaae aS speo5ed Ifs,>ra will notify you ad you of product:(e)aodikimom rasa&by you or may thud party.or(0 pro�oriFinaGts6 Sam third wtll not be obhpted to pay any hes fir ea uG pe we aped m oounecu.wish the decimed panes. Product If a cwtm component amaterul .we may drday a onQ.a custom podat•s delnwy wnhour liabrbty to on. THIS II ELMY IS OUR ONLY LIAM ITY TO YOU,AND,SUBJECT TO SEC'IION 1L4 OF THESE TERMS YOUR ONLY REMEDY.FOR ANY IlgRII ffNIORCLAI1® 122 � Bus>l�anatle•ixacnttomMarc IIdFtyvu. MEA TI OF THOID PARTY IIlI UECIL'AL PROPEtTi RIGHTS BY OR IN aodagaeadm yow(a;mwgv �uouyonimmofnpnlmmgawbaolopcaln CO LNE03MWITHANYPRODUCT. addae®calhazwdsaszodatedteiihtheh mepat elmb aathrused6se®road y.supply b us.and Co)hate the r.gawr right,ioeLsdmL but not lmtled to-y necessary (B) Codmaa to Our A:a coodmon to our imdemificafion cbliE i huactualpropemn1hcn,b imrst manosctae danohgodatt von mat(a)mtifv w in ss-tmg.as som as yom become aware of any.claim: not not admit gray lialaldy err take any other action m conano cnw•nh the daimthaa could affect the defae.(t)&S- 13. Irrwaview-Rekted ssrices AL a solely carrell the defnoe or xtrLmpt of the don(d)glue ur your mas®able mfam bon, elm you�^,e an crntmmt tee any msdl it and prntde traimmF nomrnm¢e. co-operation and asst;tanm and(e)aka all reaso®bl,skps b maps kr es son tied imcladmg a am other ensce that and titer Ir alkm nos w b.w+r+ any and an ofopt..set ad m Seeam 11-4 cfti,-Tom. repaiG. you mprms ogre ou(-I- not S--i ).We a o of,acme!and other .slue plam.All rItt;rrmeat S--are subject to our 1n;nvmmt 9.? ofU.lfa rhmd makes a claim n a fieiafirnpmrm Sams Snppsammtay:ems.For fi0 details of our su truntpt smim plan and to obam a copy elm urea t.,.,r � adoct or cvabm of our hstttment Sever,Svpplemeffiay Tetra.pleas a check our web-mda corms Cvztomr property rr�t b on(a)err mtm>fxtrrc a of a product Senses. we nuke trade}}our mstr �.'ice'=or ocher dffwbow, .M.L that you mva pde to us,(6)your co Mlore to mply worth the Agee..(c)yaet r to 4de any 1J L®atioas aadF�rinsians dLiabe7sts apphtabJe Addmonal Right.a(d)oar modrfcatraa tee err mile of a la-&-that yuo grill i fr and hdd>z hatmics flan and apm t my ad all dams 1,damages.habrinC ad (A) expo v-(mch3dms reawtoble aatmeys fem and ocher cow ofdeSmti and or sedhog Any L4TLLNOTA$EIIAH EL�'ND BAN YLLE� TT EOORY(NaUDINGBU NOT1 PTO wb.)dut ore any hate to pay as a resu@ of the claim CONTRACT,IMGLIGENCE STRICT i IAnrt 77Y N TORT OR WARRANTY OF ANY KR ID) 10. SoftwareCOONSEEQ`UTNTL%L DAMAGES(DXLLT)M 8UT NOT IM17EDDT'O ALL COSTS OF COVER PR LOST OFITS,LOST DATA.LOSS OF BUS MM LOSS OF GOODLLILI.ORLOSS 10.1 G uh respect b eras situ frrae prodrrct m a forrmg a OF REVENLE)THAT YOU IfIGNT DXLR UNDER THE AGRFEM N7-OR THAT MAY part domprodtca,w111104w.land and arise that ware howsm me —prod cG ad not ARISE FROM OR N CONNIECTION%TTH OCR PROIXIM OR SER4'ICES,EVD IF VVE selliostbnnasiddottlia.- s"pmehase,'sell"asioxlaardercainwaudsnutmdrstoo;Md HADNOTICEOFTHfPOS5iBHH=OFSUCHDA'6tAGFS. ageedto ratan%cwasC,and dot the wad"you"n undersicod and speed b note•Mill tee'-We, aourliomsa,acapphtabL nbinaInit sandsobnamwthaaapmd=weproudetoyou. (B) INAD60dT1 *KOUR1IAXI fCMAGGRE TEIIAEII1TYARnMOUT 10? .11'ehsebypanttoywamy7hy-freemneachasne aeotaanirabie OFORINCONNECMNV6TrHTi�AC+REMM(r.ORANYPRUDG -MMORS'ERyCg loose.widtour powr b snbh...,to the soflw•aze we ide to wo undrd, LS L1btIIID TO 1_tOS:CIF THE ATsiOLJNT YOU PAID TO LS FOR THE SPECIFIC Pit(I1LL1C1 fir your ova-t--I bumess purpose ontbe hardware pprod<ct you prw de you Louder,and PURCHASED THAT GAVE RISE TO THELL4BU=- tee the related daconnemation solely for your own rn "boa `pprrppaass"c The licpm will THE PROVISIM ABME IN THIS SEC'IIM 14 DO NDr LMT OUR antamabe3lh•tr�ate when your"Iul po:esion ofthe aaoeuted hadnue product psovaded LiAB1tI1 Y THAT CA2II10 P BE LAIIfiD BY LAW,IIxZLRIft 1G BUT i40I LBA1gD TO hereunder ceases trrslcs either terminated as prrnided m rho Agreement, LIAMI ITY FOR MAUD AND MATH c1L PMMKAL INAIRY CALMED BY OUR tut>r7tarntrrs 103 E'M=aa.You ogee to bold in con&Ipce ad not to Dell aamf*r Lana loan a otherwise on"available m am form to third panes the so8nne product ad related IF. ExpwR*strih9ow don-reamrmpmtrtded here-der.You rmymotdz=wmbh decaupde or—eepar,copy. modify embarre or otherwise champ a svpp.w the software pmdsaa:provtdd header wtthow our priarw•mlam carte We w0 be eatrtled to ter�aee the Ircen'e if your fad b comply ]5.1 Yam admowLttpc tha�tpeaeh product sad any relaxed soalevare sad withamtermarnmdmonhereia ( � �csoLjdtotoUS_�Ua�kcalprtanoaeotauchding�espa dac�dsmpoet 10.4 Ratan d So&vaend Yen ogee rpm te�nanm d des kcpse rmmoedtahly b lain to w au snmrae prods-and related docsesmtaem pernided 151 The carpal otrrtuls smy rotes" MOO,Others.than*d d'e htterednramdallcoptessadptrrerathe*oC ruwida theeaspddw ataflros Dwrkeent i7no(dSCa—rsasd=+ae*omm� 10S Thad Paiv Sadluute he waaaar ad imdeuodGoEm poci�om set fix$m the Apoemet wet no 491V d awmd soaswae pmdsm we preside yen We apse Lavava baergobymam9waoaoly youmrystecavelimntheaipnaldnektprorthud 153 Com meme You must oo.Vk with the EAR. ad all Other party soppl;r,b the wed the oral detelopera tlmd-..stppiier aAt apphcable liars.tojubb-treatsm-andagstammt relating to the export rv-rapat ad import Of any Teem YommGt not dawtlyatdaeah.wWww:5nt&-ang the required heetrse to do so from IL Intellectual Proetertr the appupoate C.S.gmeam®t.pasty{a)ebStorL ter eq+at dan-Ltm or tpph am hem to(a)any restricted a embargoed caurhv Or to a Arson or entity whose PM'I p to participate m expert htc 11.1 use L�tmoir.As bete wen you and w.we earharvely cam all mtellectvul beendemedare tri tedbvdre1.S.pnw-tom,(b)a&pwsauorentdywbo G zsohed n rmproper b our and m oua Unless we stab odterwGem �e1°�tcrmedmclearweap-orofdrmcals.�aok>gicalweapons,amsileiamtersaiu Pr�ty�s Try J?�rc't �s� tick tw-lion w,U Ism mpnst provide imformanon on the ed user ad end case d my ham you ate• emit,our Sale dprodWtS b you past you only a betted mrmam5sable n& aPm Of p)aa b export trader our mtclletn d property to we the gmmty of p-b,-purchased frm w for your iurenal te9earChpmpr.,�No�to tans,dsmbae a-An aurpro&&-a act•of tbw comment,G rnmeyed a ,lv,by rr�hcahoa a by a asset Unless eapre lypemtied by w mwntmg.wit ]S 4 YOU Will mapera!folly 18&>s a say aaSrial a taaoErial w•iO mot modify,,^A-p,temove,cover or o6marise obscure any d am brands.fade a service aa&t a msfrmcdon relaYrd b extort or rtt�aat camel laps a teaolabms,ad wrIl propert..be prodot•6.Nodw in the Apeemmt limns or ability b M&"err iOteliernnl �f+and hold trs tomtits a n oomeerm trilh you a seta aonso>�'.aymt'a etrptoyeer'sialaaonafrks5ectim ights- 113 C anon e; b . Uml we -PE* dar 16. SfaccBa*eous older,,m Snpplemerary Terms.we pve no we our promos ion any m®eaat apphtatiaa mchrdmE gvuhtp control caa>xpercul senca soh as sapmms the 16.L No A,�sim�at You>my not eldest*agydtatic tier asses say tight a e}a� tervlGdwaxncmcmra�Cccmderanmamvmodupwaticgsw-e:visoamvivo LeemdermdLaraarp apturirrnoms>s amdataysuehaaMmpMeddaiptionarsnpmstwrlibe therap,ow U; 'or airy type of coaaaq�tion by a 4vkn6,b h,.......,^a a..L.If con need Void, comoecul we Insists In respect Of am prodtwt(ioc'tr&ME the ugh!to perfor !*♦m fist D MMI please conatterrord-heerrmsdepartmentatoutlww�ud mofGhsmmMereyourwed 16? GovaoxmcTaw.The Agreement and perfrmance under it will bepnwnedbytbe our product is outside the scope of the Apeezrat it is solely your respamtbdaty to acquire law;of(a)the state ofMarsackass+s.rf yea are located in tbe USA or Cmads or(b)the laws dtbe AddstimalRishe. country where the selbngemn(> veafiedaryoa order cafirtmamfiomm)=locatdtfymare notkraeedmdie USA aCanadaInibisevwt.fanylepl proceeding beweeayon and wr IIgb 113 Imnrllecttal Praaen Ow�Sm Unles athawce speeifiad a appheable theApessaw t archer pan may darm the ride to a trial 17y jury.Any Meow arising under the Suppkmemtary TMM ore owe Mkilomw proper am I aw mvmtim Apaeuoetrt Hart be hoamt vrathm me ywar Com the date that the eavu of worm orate 7h*UN. (patentable or othrwe),discwvenc,irrprovwtnrrs,data,)sow-hoar.a Other♦cult that are Cmennm on Contracts Ter the International Sale ofGoods a hereby eapryh^ergo h,,w convened,developed damvwed redtsad to paagce.or posted by or for us,a joustly by you amd m m relation to pmeesse,da iw.and methods I us mmrfacture of a Hamm product 163 hud&6mb the restxtioa W our m Swum 11 ofdow Yonapee to iraw$r and rFa to ussE.our tight tifie and intact m and to say jail imeIlectval Tee:(a)you lat tiger err in aemdton with our instructions.(b)your are solely papery At our reepa and ar our eaperts=you w•dl help w secure and record our nets in vch rrspmsible for malmfi we 69 the wry you we our podwbcampiies with appltable laws, MwIle dal pop tw. replah.and pow®pal polices-(c)you nowt obtain an a..My approcah ad prrrcaorn 19-0114 Supplier Services Agreement ym unry need and(dl t is saW wur vnPmdI&y to nuke sae the po&as ace sortable for y= we 164 Uoca®hollable We mil not be responsbk or liable fit f&ng to perform ar obh—ptiow under the rAgeaun t W the eft sawed by mi beyond our reascmiab�e caubci In certain site 6cw,we nay we awn asambleyudgme t and appatcm pta&wft then auailahle fiY ddnwy fmiy aamng am cuso mes- 16S No R zwr Is-aa3ids:Our Mure to m mr we ary right;under dre Ageemmt n na a want of ore rights to dame for yww breach of coctraet umd is not a wanue of any went breach.If any prm-mm or part of the t is f n d by a rry court of rnmpewmi jvrtsc�to be an-Ad or unenforceable,such imalw i -or unenforceabdity wLU mt affiect the othw pauimom of the Apeemert No per on other tha a you or us a6l have ray right;umdet the Agreement. iaxrpre�16.6 hese�� are � �m� only and shal mt be mod m the 16.7 Ca �aality. You agree -o keep mafidential ate* run-public twhaical mdxmatian,eounweW i&nm dicn(mchadmg paces with=l;uz�or in�(i wbifing ag-�e sagmmoes ado types or segt�om)retxised fmmw as aresalt addiscrssio�, auari betmeer is m nets m to owpmdmds or somwes. 16.8 Notices_Any notice or cocrimmk anon regaled a-pemthed under dose Teas mrst be m um =g a;;!wM be tied newma■rbm persmany dela%vm&or 3 bm wen days aftler bang sort by certified marl postage prepaid,to a party s sped addre,a. 16.9 Remmemueot to Reduce to?sv`xiliae No wan-er,consent nodiaca n— m-]A-OF changes to f!e t®s of the Ageement wL be binding un>lms in wntmg and gpmd by bo&ofus our to o:,ied to ruse codamed maw subsegmat emmu cation from you uurll not be a waits or mothf atwn of our Agreement. 16.10 �-shah bAny ye isim sAge to in isp of soeda hddar to be toad a un�ro-. amly unenfoeoeabrlity azthi>m mealidatioE the g provii mm hraeaa< CpdaeedMuch26,2019 19-0114 Supplier Services Agreement EXHIBIT B PRICE SCHEDULE Please refer to two following attachments are incorporated herein bV reference: • Exhibit B-Attachment 1 (Goods)-Quotation H618168 • Exhibit B-Attachment 2 (Services)-Quotation 40523008 19-0114 Supplier Services Agreement EXHIBIT B - ATTACHMENT 1 (GOODS) PRICING AGREEMENT NO.: H618168 Report Date:03-MAY-2019 TO ORDER: PRICING AGREEMENT NO.: H618168 Life Technologies Corporation 3175 Staley Road To ensure correct pricing and terms,the above agreement Grand Island,New York 14072 USA number must appear on all orders and correspondence. Fax No.:1-800-331-2286 To Order:1-800 955 6288 FROM:05104/2019 THROUGH: 05/02/2020 E-mail:CustomerCareO)thermofisher.com EXCEPT WHERE NOTED BELOW www.thermofisher.com/ordersu000rt TO: CITY OF FORT WORTH TERMS:NET 30 DAYS FOR: FOB:Shipping Point TTN: WE ARE PLEASED TO QUOTE ON YOUR REQUIREMENTS AS FOLLOWS Line# CC* SKU#/PPL DESCRIPTION MINIMUM PRICE OR%DISCOUNT QUANTITY Disc°/a( Unit Price Fixed Price 1 15508013 DITHIOTHREITOL(DTT)5G 2 $129.98 $129.98 2 15567027 RIS-HCL PH 7.5 1 M 1000ML 1 $54.08 $54.08 3 15575020 EDTA BUFFER,PH 8,0.5M 4 X 100ML 1 $75.66 $75.66 4 24730020 SDS, 10%SOL 1000ML 1 $111.72 $111.72 5 25530015 PROTEINASE K 100 MG 1 $130.34 $130.34 6 D 4311320 HI-DI FORMAMIDE BOTTLE 25 ML 2 $41.81 $41.81 7 4311971 FG,OPTICAL ADHESIVE COVERS EACH 3 $250.26 $250.26 8 4316813 BULKPACK 96-WELL RXN PLATES,50XN8010560 1 $2538.00 $2538.00 9 4323032 FG,OPTICAL CAP(8 CAPS/STRIPS)EACH 8 $109.80 $109.80 10 D 4345833 DS-33(DYE SET G5)MATRIX STD KIT 2 $162.75 $162.75 11 D 4349180 FG,7500 SPECTRAL DYE CAL KIT EACH 1 $1052.60 $1052.60 12 D 4359513 AMPFLSTR YFILR PCR AMPLIFICATN KIT 12 $3999.45 $3999.45 13 D 4393715 POP-4(384)POLYMER 3500 SERIES EACH 15 $209.25 $209.25 14 D 4393718 CONDITIONING REAGNT 3500SERIES EACH 60 $31.97 $31.97 15 D 4393927 ANODE BFFR CONTAINR 3500SERIES EACH 10 $125.13 $125.13 Report Date:03-MAY-2019 Page 1/3 A pen af: Thermo Fisher S C I E N T I F I C PRICING AGREEMENT NO.: H618168 WE ARE PLEASED TO QUOTE ON YOUR REQUIREMENTS AS FOLLOWS Line# CC* SKU#/PPL DESCRIPTION MINIMUM PRICE OR%DISCOUNT QUANTITY Disc%/ Unit Price Fixed Price 16 4464683 CAPILLARY ARRAY 8-CAP 36CM RUO EACH 3 $1387.56 $1387.56 17 D 4408256 CATHODE BFR CONTAINR 3500 SER EACH 10 $166.84 $166.84 18 D 4408399 GENESCAN-600 LIZ SIZE STD V2.0 EACH 5 $447.45 $447.45 19 D 4425042 DS-36 MATRIX STANDARD KIT(DYE SET J6) 2 $170.72 $170.72 20 H 4441351 PREPFILR EXPRESS BTA F DNA EXT KIT 52 2 $537.70 $537.70 21 H 4441352 PREPFILER EXPRESS F DNA EXT KIT 52 33 $483.92 $483.92 22 D 4461591 96W STD CALIBRATION PLATE W/ABY DYE 1 $111.72 $111.72 23 D 4461593 96W STD CALIBRATION PLATE W/JUN DYE 1 $111.72 $111.72 24 D 4461599 96 WELL CAL PLATE W/MP DYE MP DYE 1 $112.70 $112.70 25 D 4476135 FG,GLOBALFILER KIT EACH 15 $4245.45 $4245.45 26 D 4482910 QUANTIFILER TRIO KIT EACH 9 $1825.90 $1825.90 27 4484075 PROFLEX 96-WELL PCR SYSTEM EACH 1 $8126.30 $8126.30 28 7635 12.5 UL TALLTIP FILTER TIP,ST CASE OF 960 12 $154.66 $154.66 29 D A26070 POP-4(96)POLYMER 3500 SERIES EA 4 $73.24 $73.24 30 AM12450 NS RNASE-FREE TUBES 1.5 ML 250 TUBES PER 3 $59.05 $59.05 BAG 31 AM9759 5M NACL 500 ML EACH 1 $82.02 $82.02 32 N8010535 MICROAMP CAPS,8 CAPS/STRIP EACH 8 $96.52 $96.52 33 N8010560 MICROAMP 96-WELL RXN PLATE-EA NO BARCODE 10 $66.24 $66.24 * Items flagged with H or D require special handling and may be subject to an additional charge "All product orders are subject to any applicable Dry/Wet Ice Charge,Handling Charge,Hazardous Charge and Instrument Charge. Report Date:03-MAY-2019 Page 2/3 A pen of: Thermo Fisher S C I E N T I F I C PRICING AGREEMENT NO.: H618168 TERMS AND CONDITIONS OF SALE This quotation is for products and services sold by Life Technologies Corporation,a Thermo Fisher Scientific company.This quotation,and the terms and conditions of sale found at www.thermofiisher.com/termsandconditions ("thermofisher.com Terms and Conditions of Sale") that apply to the products and services listed on this quotation, are incorporated by reference into this quotation and any resulting contract. By issuing a purchase order or otherwise ordering or accepting product(s)or services,you expressly confirm that you intend to be bound by and agree to thermofisher.com Terms and Conditions of Sale to the exclusion of all other terms we do not expressly agree to in writing,and that the purchase and sales transaction between you and us is subject to and will be governed by thermofisher.com Terms and Conditions of Sale and the terms of this quotation. If you have any questions,please visit our website at www.thermofisher.com. TERMS AND CONDITIONS OF PRICING AGREEMENT ADDITIONAL TERMS AND CONDITIONS OF QUOTATION 1. This quotation shall apply only to direct order purchase from Life Technologies Corporation. In order to receive quoted prices,the quotation number must be referenced at time of order. Credits will not be issued for orders not referencing quotation numbers. 2. The effective dates of this quotation appear in the upper right corner of each page unless otherwise noted. Exceptions are noted within the body of this quotation. The quantities and purchase requirements noted on this quotation reflect minimum requirements necessary to receive quoted prices. 3. Percentage discounts in this quotation will be calculated from Life Technologies'current list price for the applicable product. Discounts will be calculated from single unit catalog price. Life Technologies reserves the right to change its list prices at any time. Any increase or decrease to the list price of a product would result in a change to your discounted price. Certain discounts are based on categories of products(e.g.,"Pricing Product Line" or"PPL"discounts)that might change over time. Life Technologies reserves the right to re-align products within a category or add or remove products to or from a specific category at any time. Such re-alignment,addition or removal may result in a change to your discounted price for a particular product. 4. This quotation may be terminated by Life Technologies upon written notice. 5. This quotation contains confidential Life Technologies pricing information which if disclosed to third parties could cause competitive harm to Life Technologies. Subject to overriding obligations to third party funding agencies or governmental entities,the customer agrees to keep all pricing information contained herein confidential. NOTE: Customer MUST reference quotation number when ordering to receive discounts. Report Date:03-MAY-2019 Page 3/3 A pert of: Thermo Fisher S C I E N T I F I C EXHIBIT B - ATTACHMENT 2 (SERVICES) SERVICE AGREEMENT Life Technologies Corporation QUOTATION North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, option 3,2 Fax: 1-925-426-2051 Email: Service.Sales@LifeTech.com FCassie Johnson Biology Unit Tech L QUOTE NO. 40523008 Fort Worth Police Dept ORIGINAL QUOTATION DATE 02/19/2019 REVISION DATE 05/02/2019 350 W Belknap St EFFECTIVE 05/15/2019 TO 06/28/2020 TO FORT WORTH TX 76102 PAGE 1 OF 4 QUOTE VALID TO 06/28/2019 LCustomer PO No. TELEPHONE: 817-392-4516 FAX: YOUR REFERENCE: This agreement is entered into between Life Technologies and the undersigned Customer in consideration of the payments provided for in this Agreement. Subject to the terms and conditions of this Agreement, Life Technologies agrees to perform the services set forth on the attachment to this Agreement on the equipment listed below for the period described. ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED NO. EFFECTIVE DATES/ NOTES NUMBER PRICE USD 0010 1 AUTOMATE Express (PFX1011A0304) AB Assurance 1PM $ 5,100.00 Begin Date: 06/29/2019 End Date: 06/28/2020 0020 1 7500 Real Time PCR System (275006849) AB Assurance 1 PM $ 5,900.04 Begin Date: 06/29/2019 End Date: 06/28/2020 0030 1 3500 Genetic Analyzer (23130-221) AB Assurance 1 PM $ 9,849.96 Begin Date: 06/29/2019 End Date: 06/28/2020 0040 1 AUTOMATE Express (PFX1609131100) AB Assurance 1PPA $ 5,729.73 Begin Date: 05/15/2019 End Date: 06/28/2020 Terms of payment are net 30 days from invoice date. This quotation is subject to the terms and conditions attached. Stenographical and clerical errors on the face of this form are subject to correction. NOTE: Customer is responsible for applicable taxes, including sales, use and/or excise tax. PLEASE SIGN THIS SERVICE AGREEMENT QUOTATION AND RETURN A COPY ALONG WITH YOUR PURCHASE ORDER. ACCEPTED BY CUSTOMER Steven Weber Signature of authorized person Service Sales Representative Maestro User 05/02/2019 Please print name and title Date Prepared by Date —NOTICE OF CONFIDENTIALITY— The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote and not for distribution to any third party. PAGE 2 of 4 SERVICE AGREEMENT Life Technologies Corporation QUOTATION North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, option 3,2 QUOTE NO. 40523008 Fax: 1-925-426-2051 Email: Service.Sales@LifeTech.com ORIGINAL QUOTATION DATE 02/19/2019 REVISION DATE 05/02/2019 EFFECTIVE 05/15/2019 TO 06/28/2020 QUOTE VALID TO 06/28/2019 ITEM QTY. I EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED NO. EFFECTIVE DATES/ NOTES NUMBER PRICE USD Total net price: $ 26,579.73 Contract Notes: Your current agreement will expire on 06/28/2019. Previous purchase order no. . Lock in today's service contract price for 2 or more years. ADDITIONAL DISCOUNTS APPLY FOR MULTIPLE YEAR CONTRACTS. To expedite your order, the signed service agreement and purchase order may be faxed to 925-426-2051 or emailed to service.sales@lifetech.com. -Payment is due 30 days from invoice date. -Applicable taxes are extra. ###########++#+#+##+####++#++++#####+########++++++#+++##+#++##+ Please contact your Service Sales Representative for more information. tel: 1-800-955-6288, option 3, 2 email: Service.Sales@lifetech.com NOTICE OF CONFIDENTIALITY— The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote and not for distribution to any third party. PAGE _3 of _A SERVICE AGREEMENT Life Technologies Corporation QUOTATION North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, option 3,2 QUOTE NO. 40523008 Fax: : Service.Sales@LifeTech.com 1 ORIGINAL QUOTATION DATE 02/19/2019 Email: Service.Sales@LifeTech.com REVISION DATE 05/02/2019 EFFECTIVE 05/15/2019 TO 06/28/2020 QUOTE VALID TO 06/28/2019 ITEM QTY. EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED NO. EFFECTIVE DATES/ NOTES NUMBER PRICE USD Terms of Life Technologies Service Plans North America The Life Service Agreement Terms and Conditions set forth below after the Plan description(s) are incorporated into and are an integral par f each Service Plan, and are agreed to by you as part of any Service Plan ordered. AB Assurance Plan 1. Parts, labor and travel for remedial repair. 2. No charge for planned maintenance visits. The number of planned maintenance visits is indicated in LT's quotation (A). The annual planned maintenance (PM) visit is automatically opened and will be performed within the contract period. Should you have an immediate need to request and/or schedule your PM, please contact our Instrument Care Center at 800-955-6288 option 3,1 or email them at lnstrumentServices@Lifetech.com to schedule. This PM visit ensures optimal performance of your instrument, often preventing major breakdowns before they happen. 3. Guaranteed priority response time of 2 business days after receipt of a service call for instruments located in LT's Service Zones 1 and Zone 2. If LT fails to arrive at the instrument location within Zone 1 or Zone 2 within 2 business days for reasons other than customer's failure to provide access to LT or causes beyond the reasonable control of LT, LT will provide customer a service plan renewal credit in an amount equivalent to one day's pro-rated charge for each day LT's response is late. (See foot- note (B) for call time cut off, other details, and terms and conditions). 4. Target response time of 3 business days for remedial repairs outside of Zones 1 and 2. LT will use reasonable efforts to respond within 3 business days from receipt of a service call. 5. Priority telephone and email access to instrument technical support. 6. Telephone and email access to application technical support. 7. Remote Monitoring and Dx Service, which provides for notification to customer of instrument failures or errors that are reported by AB's Remote Monitoring software. Important Notes and Footnotes It is customer's responsibility to provide access to LT so LT may complete service, planned maintenance, Installation Performance Verification, and other service calls within the plan period. Calls not completed within a plan period will be cancelled unless LT failed to make reasonable efforts to complete the call within the plan period. (A) Planned maintenance visits are intended to minimize the need for service calls. LT may perform more than the number of planned maintenance visits indicated in LT's quotation, at LT's discretion. Customer will not be charged for any planned maintenance visits made during the plan period, except for visits that are in addition to the number indicated in LT's quotation that are requested by customer. (B) A service call must be received by LT's service center before 2:00 PM local time (U.S.A. Eastern, Central, Mountain, or Pacific time) for priority response time service. Each late day's pro-rated credit is an amount equal to 1/365th of the annual fee for the service plan covering the instrument with respect to which the service call was made. If a service plan covers more than one instrument, the pro-rata credit is determined by allocating a pro-rata portion of the plan's annual fee to the instrument with respect to which the service call was made. The credit may be used by customer when renewing its current service plan covering that instrument for a consecutive period, as a credit against plan fees. To be eligible to use the credit, LT's Service Plan Administrator must receive notice in writing (e-mail notification is satisfactory) of the customer's intention to use the credit for a renewal at the time of renewal, but in any event no later than fifteen (15) days after the expiration of the service plan period in which the credit was earned. The credit described above is LT's sole obligation and customer's sole remedy for failure of LT to respond to a service call within one business day for the LT Complete Plan and LT Uptime Plan and two business days for the LT Assurance Plan. The address of LT's Service Plan Administrator is Life Technologies Service Plan Administrator, 6065 Sunol Blvd Pleasanton, CA 94566 (e-mail: Service.Sales@LifeTech.com). --NOTICE OF CONFIDENTIALITY— The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote and not for distribution to any third party. PAGE 4 of 4 SERVICE AGREEMENT Life Technologies Corporation QUOTATION North American Sales and Service Attn: Service Contract Administration Mailstop: PLE C-1 5781 Van Allen Way Carlsbad, CA 92008 Tel: 1-800-955-6288, option 3,2 Fax: 1-925-426-2051 QUOTE NO. 40523008 Email: Service.Sales@LifeTech.com ORIGINAL QUOTATION DATE 02/19/2019 REVISION DATE 05/02/2019 EFFECTIVE 05/15/2019 TO 06/28/2020 QUOTE VALID TO 06/28/2019 ITEM QTY. I EQUIPMENT DESCRIPTION/ SERIAL COVERAGE EXTENDED NO. EFFECTIVE DATES/ NOTES NUMBER PRICE USD To reduce the number of pages, we are directing you to Life's Instrument Services Terms and Conditions on our website. Please read the important statement below carefully. This quotation, and Life's INSTRUMENT SERVICES TERMS and CONDITIONS (which are incorporated by reference into this quotation and any resulting contract), set out the terms on which Life is offering to sell the service(s) listed in this quotation. By issuing a purchase order or otherwise ordering or accepting services, you expressly confirm that you intend to be bound by and agree to the terms of this quotation and Life's Instrument Services Terms and Conditions to the exclusion of all other terms not expressly agreed to in writing by an authorized representative of Life, and that the purchase and sale transaction between you and Life is subject to and will be governed by this quotation and Life's Instrument Services Terms and Conditions. Life's Instrument Services Terms and Conditions can be found on Life's website at http://www.lifetechnologies.com/termsandconditions under the "terms and conditions" link at the bottom of Life's webpage. If you have any questions, please visit our website at www.lifetechnologies.com. NOTICE OF CONFIDENTIALITY-- The contents of this quotation including but not limited to pricing and services information are confidential to Life Technologies and/or its affiliate(s). This quote and its contents are intended only for the customer named in this quote and not for distribution to any third party. EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY LIFE TECHNOLOGIES CORPORATION("SUPPLIER") 5781 VAN ALLEN WAY CARLSBAD,CALIFORNIA 92008 Supplier is a publically traded corporation in the NYSE as trade ticker TMO.All annual reports and related corporate financial statements are publically available at www.thermofisher.com or can be provided by Supplier,upon request. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Supplier and to execute any agreement, amendment or change order on behalf of Supplier. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Supplier. City is fully entitled to rely on the certifications and representation set forth in this Form in entering into any agreement or amendment with Supplier. Supplier will submit an updated Form within ten (10) business days if there are any changes to the,signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Supplier. Please refer to the attached Exhibit C — Attachment 1 (Certificate of Assistant Secretary - Signature Authority 04-24-19)issued by the Supplier's corporate Board of Directors,which is incorporated herein by reference. 19-0113 Supplier Services Agreement EXHIBIT C - ATTACHMENT 1 Thermo Fisher Scientific Thermo Fisher 5781 Van Allen Wayy S C I E N T I F I C Carlsbad,CA 92M LIFE TECHNOLOGIES CORPORATION CERTIFICATE OF ASSISTANT SECRETARY SIGNATURE AUTHORITY I HEREBY CERTIFY: That I am Assistant Secretary of Life Technologies Corporation, a corporation organized and existing under the laws of the State of Delaware and having its principal place of business in Carlsbad,California. Acting in such capacity,I hereby further certify that each of the following employees of Life Technologies Corporation has been duly delegated the authority to sign in the name and on behalf of Life Technologies Corporation and its subsidiaries Applied Biosystems, LLC and Life Technologies Inc. (collectively,the Company),purchase orders,purchase and sale agreements,responses to and agreements entered into in connection with bids and requests for proposals,and other agreements,in each case for or relating to (i) the purchase of the Company's instruments,consumables, or other products that are offered for sale or distributed by the Company,or(ii) the performance of repair,maintenance, or other services by the Company with respect to such instruments or other products(all of the above,collectively, "Agreements"),each of a value, as determined in good faith by the authorized individual named below executing same, not to exceed the amount set forth opposite each such individual's name in the table below, provided that such Agreement(s) to be executed is/are in compliance with all necessary and applicable company requirements. The execution in the name and on behalf of the Company of any such Agreements by the persons named below prior to the date of this instrument that were within the authority herein granted is hereby ratified, confirmed and adopted in all respects. Such Agreements may contain, subject to any limitations set forth above, such terms and conditions as the authorized persons signing same may approve in his or her sole discretion, each such person's execution and delivery of any Agreements to be conclusive evidence of his or her approval thereof. The authority herein granted to may be revoked at any time with respect to any individual named below until revoked or until such individual is no longer an employee of Life Technologies Corporation or any of its affiliated entities. Upon the occurrence of either such event, the authority herein granted to the subject individual shall be and is revoked. Page 1 of 2 Thermo Fisher S C I E N T I F I C Name of Employee Title Limitation Mark Covington Vice President $3,000,000 LSG Global Commercial Operations Kim Baltier Vice President 52,000,000 Global Commercial Operations Biosciences Division Kent Davidson Vice President $2,000,000 Global Commercial Operations Genetic Sciences Division& Clinical Next-Gen Sequencing Division Brian Griffith Contracts Counsel S110001000 David Laurie Contracts Counsel $1,000,000 Gina McGuinness Contracts Counsel $1,000,000 Jennifer Rowland Contracts Counsel 51,000,000 Patricia A.Trigueiro* Contracts Specialist 5500,000 Marlene Wilkie* Contracts Specialist 5500,000 Gigi Chapman* Contracts Specialist $500,000 Adrian Abutin* Contracts Specialist 5500,000 Mary Ruth Mastrangelo Contracts Specialist 5500,000 Katherine Mcgregor Contracts Specialist $500,000 Mark Spellman Sr. Contracts Specialist $500,000 * Two of any combination of the four (*J individuals may be combined for a signature authority limit of $1,000,000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Life Technologies Corporation as of the 24'�''day of April 2019. e Jl- Genoffir MacLeod Assistant Secretary Life Technologies Corporation Page 2of2