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28 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122 <br /> <br /> <br />c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor’s pre-existing <br />intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay <br />the Contract Vendor to create. The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- <br />exclusive, royalty free license for Contract Vendor’s pre-existing intellectual property that is contained in the <br />products, materials, equipment or services that are purchased through this Master Agreement. <br /> <br />31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or <br />Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this <br />Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. <br />Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, <br />right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall <br />not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any <br />other term or requirement under this Master Agreement, a Participating Addendum, or order. <br /> <br />32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of <br />purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is <br />suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a <br />commercially reasonable manner, and (d) the Product is free of defects. <br /> <br />For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher’s <br />warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the <br />customer in engaging the manufacturer on warranty and maintenance issues. <br /> <br />Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the <br />Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or <br />replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full <br />amount of any payments that have been made. The rights and remedies of the parties under this warranty are in <br />addition to any other rights and remedies of the parties provided by law or so ordered by the court.