Amendment+6+-+SIGNED.pdf

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Attached to
Telephone System - Avaya Equip and Maint
Contract number
223
Issued by
North Dakota

About this file

This document is a Contract Amendment (Amendment Number 6) for the Avaya Equipment, Maintenance and Support contract between the State of North Dakota, specifically involving the North Dakota Information Technology Department and the Office of Management and Budget State Procurement Office, and the contractor ConvergeOne, Inc.

The contract covers a 24-month term from June 1, 2021, to May 31, 2023, with specific provisions for contract extension and renewal. The State reserves the right to extend the contract for an additional 12 months beyond the current termination date and may execute up to three 12-month renewal options under the same terms and conditions. The amendment includes a renegotiation option acknowledging that the duration of product and service usage is uncertain, and the State will require ongoing maintenance and support for the operational system. The contract will not automatically renew, and any extensions or renewals are subject to mutual agreement and satisfactory performance.

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Amendment+8_SIGNED.pdf PDF
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CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: AVAYA EQUIPMENT, MAINTENANCE AND SUPPORT - 223

AMENDMENT NUMBER: 6

This amendment is made to Avaya Equipment, Maintenance and Support (Contract) between the State of North Dakota, acting through its Information Technology Department in cooperation with the Office of Management and Budget State Procurement Office (STATE), and ConvergeOne, Inc (CONTRACTOR).

The parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

The parties agree to amend the Contract as follows:

Renegotiation Option

Contract Section 6, Term of Contract, d. Renegotiation Option. In view of the fact that it is unknown how long the products and services will be employed by STATE and that STATE will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial term of the Contract including any extensions and renewals, STATE and CONTRACTOR may renegotiate the Contract upon mutual agreement of the parties.

Therefore, the STATE and the CONTRACTOR have agreed to the following:

Term of Contract

Contract Section 6, Term of Contract.

The term of this contract is for a period of 24 months, commencing on the 1st day of June, 2021, and terminating on the 31st day of May, 2023.

a. No Automatic Renewal

This Contract will not automatically renew.

b. Extension Option

STATE reserves the right to extend this Contract for an additional period of time, not to exceed 12 months, beyond the current termination date of this Contract.

c. Renewal Option

STATE may renew this Contract upon satisfactory completion of the initial Contract term.

STATE reserves the right to execute up to three (3) options to renew this Contract under the same terms and conditions for a period of 12 months each.

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

ConvergeOne, Inc.

Acting through its Information Technology Department

BY: BY:

Printed Name: Printed Name: Greg Hoffman

Title: Regional Vice President Title: Director, Administrative Services

Date: Date:

STATE OF NORTH DAKOTA

Acting through its Office of Management and Budget, ND State Procurement

BY:

Printed Name: Angie Scherbenske

Title: Procurement Officer II

Date:

02/03/2021

Angie Scherbenske (Feb 4, 2021 09:05 CST) Angie Scherbenske

02/04/2021

02/05/2021 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAABIf0hdSHqTzWAgMaVEeXqfuXznaxdYrx https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAABIf0hdSHqTzWAgMaVEeXqfuXznaxdYrx

2021-02-08T05:59:17-0800
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