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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W <br />in the event of any default by the Contractor, or if the Contractor fails to comply with any contract <br />terms and conditions, or fails to provide the Government, upon request, with adequate assurances of <br />future performance. In the event of termination for cause, the Government shall not be liable to the <br />Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the <br />Government for any and all rights and remedies provided by law. If it is determined that the <br />Government improperly terminated this contract for default, such termination shall be deemed a <br />termination for convenience. <br />(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall <br />pass to the Government upon acceptance, regardless of when or where the Government takes physical <br />possession. <br />(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable <br />and fit for use for the particular purpose described in this contract. <br />(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not <br />be liable to the Government for consequential damages resulting from any defect or deficiencies in <br />accepted items. <br />(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, <br />executive orders, rules and regulations applicable to its performance under this contract. <br />(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 <br />U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal <br />contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours <br />and Safety Standards; 41 U.S.C. chanter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to <br />whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chaff relating to <br />procurement integrity. <br />(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving <br />precedence in the following order: <br />(1) The schedule of supplies/services. <br />(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws <br />Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier <br />Agreements - Unenforceable Clauses paragraphs of this clause. <br />(3) The clause at 52.212-5. <br />(4) Addenda to this solicitation or contract, including any commercial supplier agreements as <br />amended by the Commercial Supplier Agreements - Unenforceable Clauses provision. <br />(5) Solicitation provisions if this is a solicitation. <br />(6) Other paragraphs of this clause. <br />(7) The Standard Form 1449. <br />(8) Other documents, exhibits, and attachments. <br />(9) The specification. <br />(t) [Reserved]. <br />(u) Unauthorized Obligations. <br />Page:83 of 211 <br />