Common use of APPENDIX B AMENDMENTS Clause in Contracts

APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows: A. Section 4 (Conflict of Terms) is deleted and replaced with the following language: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence: 1. Appendix A, Standard Clauses for New York State Contracts; 2. The resulting Contract (this document); 3. Appendix B, General Specifications; and 4. Appendix D, Price Pages 5. Other Appendices and attachments as deemed necessary. B. Section 27 (Procurement Card) is deleted and replaced with the following language: Procurement Card. The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Order or Purchase Authorization. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Contractor shall accept the Purchasing Card for purchases under this Contract. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty. C. Section 62 (Contract Xxxxxxxx) is deleted and replaced with the following: x. Xxxxxxxx. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices

APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows: A. Section 4 (Conflict of Terms) is deleted and replaced with the following language: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence: 1. Appendix A, Standard Clauses for New York State Contracts; 2. The resulting Contract (this document)Contract; 3. Appendix B, General Specifications; and 4. Appendix D, Price Pages 5. Other Appendices and attachments as deemed necessary. B. Section 27 (Procurement Card) is deleted and replaced with the following language: Procurement Card. The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Order or Purchase Authorization. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Contractor shall accept the Purchasing Card for purchases under this Contract. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty. C. Section 62 (Contract Xxxxxxxx) is deleted and replaced with the following: x. Xxxxxxxx. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoicesinvoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at xxxx://xxx.xxx.xxxxx.xx.xx/epay/index.htm or by e-mail at xxxxxxxxx@xxx.xxxxx.xx.

APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby is amended as follows: A. Section 4 (4, Conflict of Terms) , is hereby deleted and replaced with the following languagefollowing: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence: 1. Appendix A, Standard Clauses for New York State Contracts; 2. The resulting Contract (this document); 3. Appendix B, General Specifications; and 4. Appendix D, Price Pages 5. Other Appendices and attachments as deemed necessaryReserved. B. Section 27 (Procurement Card) is deleted 62, Contract Xxxxxxxx and replaced with the following language: Procurement Card. The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Order or Purchase Authorization. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Contractor shall accept the Purchasing Card for purchases under this Contract. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirementsPayments, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty. C. Section 62 (Contract Xxxxxxxx) is deleted and replaced with the following: x. X. Xxxxxxxx. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. B. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at xxx.xxx.xxxxx.xx.xx, by e-mail at xxxxxx@xxx.xxxxx.xx.xx, or by telephone at 000-000-0000. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. C. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments.

APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows: A. Section 4 (Conflict of Terms) is deleted and replaced with the following language: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence: 1. Appendix A, Standard Clauses for New York State Contracts; 2. The resulting Contract (this document); 3. Appendix B, General Specifications; and 4. Appendix D, Price Pages 5. Other Appendices and attachments as deemed necessary. B. Section 27 (Procurement Card) is deleted and replaced with the following language: Procurement Card. The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Order or Purchase Authorization. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Contractor shall accept the Purchasing Card for purchases under this Contract. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty. C. Section 62 (Contract XxxxxxxxBillings) is deleted and replaced with the following: x. Xxxxxxxx. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract. b. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices