Common use of Purchasing Requirements Clause in Contracts

Purchasing Requirements. 1. GRANTEE shall make the eligible equipment purchase(s) and submit the requisite documentation for the transaction(s) to the DEPARTMENT within ninety (90) calendar days of the Effective Date of this Agreement. Failure to do so shall be grounds for the DEPARTMENT to terminate this Agreement and issue a demand for the immediate return of the full amount of the disbursed Grant Award. GRANTEE understands and agrees that it shall comply with such demand and return the disbursed Grant Award within the time period specified by the DEPARTMENT. 2. GRANTEE may request additional time to procure the equipment listed in Exhibit A by written request to the DEPARTMENT for approval. The written request must be received by the DEPARTMENT no later than 30 calendar days prior to the time allotted in Section F.1. of this Agreement for the eligible equipment purchase. Under no circumstances shall the DEPARTMENT-approved extension exceed the Grant Period. 3. GRANTEE understands and agrees that it shall not use the Grant Award to finance an eligible equipment purchase that is greater than the Grant Award amount. 4. The Grant Award shall not be used to pay for eligible equipment that was acquired prior to the Effective Date of this Agreement. In such an instance, the DEPARTMENT will terminate this Agreement and issue a demand for the immediate return of the full amount of the disbursed Grant Award from GRANTEE. 5. Any sales and use tax, federal excise tax, and/or any assessed fees associated with the shipment or delivery of the purchased eligible equipment shall be the responsibility of GRANTEE. 6. Failure to comply with the purchasing requirements, standards and conditions set forth in this Agreement shall be grounds for termination and demand from the DEPARTMENT for the immediate return of the full amount of the Grant Award.

Purchasing Requirements. 1. GRANTEE shall make the eligible equipment purchase(s) and submit the requisite documentation for the transaction(s) to the DEPARTMENT within ninety (90) calendar days of the Effective Date of this Agreement. Failure to do so shall be grounds for the DEPARTMENT to terminate this Agreement and issue a demand for the immediate return of the full amount of the disbursed Grant Award. GRANTEE ▇▇▇▇▇▇▇ understands and agrees that it shall comply with such demand and return the disbursed Grant Award within the time period specified by the DEPARTMENT. 2. In the event there is a fluctuation in the unit price for one or more of the eligible equipment item(s) that impacts the quantity/ies set forth in Exhibit A (whether a reduction in quantity or opportunity for GRANTEE to increase quantity), GRANTEE shall immediately notify the DEPARTMENT in writing. The notification shall be in the form of the chart found in Exhibit A and must include the unit price change and adjusted quantity for each affected eligible equipment item. GRANTEE must receive prior written approval of the requested adjustment from the DEPARTMENT prior to purchase(s). 3. GRANTEE may request additional time to procure the equipment listed in Exhibit A by written request to the DEPARTMENT for approval. The written request must be received by the DEPARTMENT no later than 30 calendar days prior to the time allotted in Section F.1. of this Agreement for the eligible equipment purchase. Under no circumstances shall the DEPARTMENT-approved extension exceed the Grant Period. 34. GRANTEE ▇▇▇▇▇▇▇ understands and agrees that it shall not use the Grant Award to finance an eligible equipment purchase that is greater than the Grant Award amount. 45. The Grant Award shall not be used to pay for eligible equipment that was acquired prior to the Effective Date of this Agreement. In such an instance, the DEPARTMENT will terminate this Agreement and issue a demand for the immediate return of the full amount of the disbursed Grant Award from GRANTEE. 56. ▇▇▇▇▇▇▇ understands and agrees that the total cost of the eligible equipment purchased shall not exceed the Grant Award amount. In the event the total purchase amount is less than the Grant Award, GRANTEE shall return any remaining funds to the DEPARTMENT in accordance with Section G of this Agreement. 7. Any sales and use tax, federal excise tax, and/or any assessed fees associated with the shipment or delivery of the purchased eligible equipment shall be the responsibility of GRANTEE. 68. Failure to comply with the purchasing requirements, standards and conditions set forth in this Agreement shall be grounds for termination and demand from the DEPARTMENT for the immediate return of the full amount of the Grant Award.