Attachment_1_-_Click-Through_Text.pdf

ATTACHMENT 1

Platform Provider Click-Through Text

The following text will be provided by the contractor on the platform screen immediately preceding the conclusion of a purchase (see relevant Section 4(B)(ix)):

The submission of this order through this platform creates a contract (Contract) between the provider of the item being purchased (Seller) and the Federal agency purchaser

(Agency). By entering into the Contract, Seller and Agency also agree as follows:

1. This Agreement is incorporated into the Contract and modifies and prevails over any conflicting terms in either party’s standard documentation, to the extent of such conflict.

2. Unless expressly authorized by statute and specifically authorized under applicable Agency regulations and procedures, any provision requiring Agency to pay any future fees, penalties, interest, legal costs or to indemnify Seller or any person for damages, costs, fees, or any other loss or liability is not part of the

Contract.

3. In the event of a dispute: (a) choice of law, venue, and statute of limitations will be those prescribed by applicable Federal law; (b) unless expressly authorized by statute and specifically authorized under applicable Agency regulations and procedures, (i) binding arbitration will not be used, and (ii) equitable or injunctive relief, including attorney fees, costs or interest, shall not be awarded against Agency; and (c) contract performance will continue during dispute resolution.