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EXHIBIT A <br /> 36C26123C0042 <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 /> (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired <br /> under this contract is subject to any End User License Agreement(EULA), Terms of Service <br /> (TOS), or similar legal instrument or agreement, that includes any clause requiring the <br /> Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any <br /> other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the <br /> following shall govern: <br /> (i) Any such clause is unenforceable against the Government. <br /> (ii) Neither the Government nor any Government authorized end user shall be deemed to <br /> have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal <br /> instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked <br /> through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or"browse- <br /> wrap" agreements), execution does not bind the Government or any Government authorized <br /> end user to such clause. <br /> (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal <br /> instrument or agreement. <br /> (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that <br /> is expressly authorized by statute and specifically authorized under applicable agency <br /> regulations and procedures. <br /> (v) Incorporation by reference. The Contractor's representations and certifications, including <br /> those completed electronically via the System for Award Management(SAM), are incorporated <br /> by reference into the contract. <br /> (End of Clause) <br /> ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL <br /> PRODUCTS AND COMMERCIAL SERVICES <br /> Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the <br /> same force and effect as if they were given in full text. Upon request, the Contracting Officer will <br /> make their full text available. <br /> The following clauses are incorporated into 52.212-4 as an addendum to this contract: <br /> Page 19 of 33 <br />