C.

(2) Notwithstanding (1) above,

'the risk of loss of or damage to supplies wh which so fail to conform to the contract as to give a right of rejection shall remain with the contractor until cure or acceptance, at which time (1) above shall apply.

c. Notwithstanding b above, the contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents or employees of the NAFI acting within the scope of their employment."

By changing the date in Clause 8, Equal Opportunity, from "(1972 Aug)" to "(1976 Jul)".

d. By deleting Clauses 38, F.O.B. Destination (1969 Apr), and 39, F.0.B. Origin (1973 Apr), in their entirety.

9

ADDITIONAL GENERAL. FROVISIONS

Clause # 43 - SAFETY PRECAUTIONS FOR AMMUNITION AXPLOSIVES (1970 SEP)

(^)

(B)

As used in this Clause:

(1)

"Ammunition" and "Explosives" shall have the meaning set forth in Don Contractor's Safety Manual for Ammunition, Explosives, and Related Dangerous Material, Dop 4145.76M; (ii) "Accident" means an event causing damage or injury involving ammunition or explosives which results in one or more of the following:

The contractor shall comply with the DOD Contractor's Safety Manual for Ammunition, Explosives and Related Dangerous Materials (DOD Manual 4145.26M) in effect on the date of the Solicitation for this contract, as it relates to ammunition and explosives, and any other additional or more stringent requirements included in the schedule of this contract. If the Contracting Officer notifies the contractor of any noncompliance with such Manual, or Schedule Provisions, the contractor shall immediately take corrective action. If the contractor fails or refuses to take corrective action within the time specified by the Contracting Officer, the Contracting Officer may direct the contractor to cease performance on all or part of this contract, or until satisfactory corrective action has been taken. Any notification or direction under this paragraph should be in writing or confirmed in writing by the Contracting Officer. The Contracting Officer may at any time remove Government personnel whenever the contractor is in noncompliance with the safety requirements of this Clause. Either action by the Contracting Officer shall not entitle the contractor to an adjustment of the contract price or other reimbursement for resulting increased costs, or to an adjustment of the Delivery or Performance Schedule. However, should direction to cease performance be issued or Government personnel be removed and it is later determined that the contractor had, in fact, complied with the Manual, or Schedule Provisions, the contractor shall be entitled to an equitable adjustment in Delivery Schedule, in contract price, or both, in accordance with the procedures provided for in the Clause of this contract entitled, "Changes".

(C) The contractor shall immediately notify the Contracting Officer after an accident involving ammunition or explosives. The contractor shall also, in accordance with this contract or as required by the Contracting Officer, conduct an investigation and submit a written report of the accident to the Contracting Officer.

(D)

Neither the requirements of this Clause nor any act or failure to act by the Government in surveillance or enforcement thereof shall affect or relieve the contractor of responsibility for the safety of his personnel and his property and for the safety of the general public in connection with the performance of this contract, or impose or add to any liability of the Government for such safety, the contractor is not entitled to rely on the requirements of this Clause cr on any Government surveillance or enforcement thereof, or lack thereof, or granting of any waiver or exemption in accordance with DOD 4145.26M in discharging the contractor's responsibility.

(E) The contractor shall insert the substance of this Clause, including this paragraph (E), with appropriate changes in the designation of the partics, in every subcontract hereunder which involves ammunition and explosives as defined in (A) above.

(P)

Nothing contained herein shall relieve the contractor from complying with applicable Federal, State and Local Laws, Codes, Ordinances and Regulations (including the obtaining of licenses and permits) in connection with the performance of this contract.

1. TERMS AND CONDITIONS

Terms and Conditions booklet,
AAFES Form 4200-19, dated as
shown hereon, copies of which
have been provided to you by
separate distribution, is hereby
made a part of this order in accor
dance with the following:
A. IF PURCHASE ORDER block
contains an "X, Sections, I, II and
paragraphs of Section IV shown
hereon are incorporated herein
and made a part of this order by
reference.

8. IF DELIVERY ORDER block
contains an "X", the terms and
conditions of the contract cited
hereon and paragraphs of Section
IV shown hereon are incorporated
herein and made a part of this
order by reference.

2. Do not place war risk and marine
Insurance.

INVOICING INSTRUCTIONS

3. Corresponding purchase order /
delivery order line item numbers
must be shown on Invoice.

4. Prepare separate invoice for each
purchase order/delivery order. List
purchase order / delivery order
number on invoice.

5. Itemized packing list must ac
company each shipment. Purchase
order number must be marked on
outside of each carton and on
each invoice.

6. Additional freight charges result-
Ing from partial shipments will not
be honored by the AAFES unless
partial shipments are specifically
authorized.

7. Cash discount terms for prompt
payment of invoice will become
effective as of the date of receipt
of goods or receipt of Invoice,
whichever is later, but no earlier
than the required delivery date
specified on the order.