Resolution 2002-20 - Laserfiche WebLink

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O. Under this Contract, the Contractor has agreed to provide the services/supplies and at the rates and on the terms as described herein as needed to satisfactorily perform and complete the Contract work, subject to the availability of funding. Funds are currently available and encumbered for the work in the amount specified above. However, the total quantity(ies) of the services/supplies to be provided by the Contractor to complete the work, and the resulting total funding amount(s) to be provided by the State in exchange therefor, as described in this Contract or otherwise made known to the Contractor, are only estimated. If the State determines, unilaterally, that it has underestimated/overestimated these total quantity(ies)/amounts, it has the right to take the following action(s): 1. to increase/decrease the amount of available funds under this Contract; and/or 2. to order more/less of the same services/supplies on the same rates and terms during the term of this contract, in accordance with the ordering provisions of this contract. Provided that the Contractor shall not accept any orders which create a financial obligation of the State exceeding the specified amount of available funds (as may be increased under this section), and the Contractor shall notify the State when State commitments, paid and unpaid, are within 10% of that amount. The State shall not be liable beyond that amount. In the event of either action, the State will notify the Contractor thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to that in Exhibit G, and it shall not be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. P. The Contractor represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Contractor and to bind the Contractor to its terms. Q. Any other contract (if any) that currently exists between the parties for the operation and maintenance of certain state highway traffic control devices by the contractor is hereby terminated and is superseded by this contract. 6