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AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS Sample Clauses

AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONSNo exceptions have been agreed to by DIR and Successful Respondent. (Remainder of this page intentionally left blank.)
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONSNo exceptions have been agreed to by DIR and Successful Respondent.
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS. A. Appendix A, Section 1, Contract Scope is hereby restated in its entirety as follows: The Vendor shall provide the products and related services specified in Section 3 of the Contract for Products and Related Services for purchase by Customers. Terms used in Appendix A shall have the meanings set forth in Section 3 or elsewhere in Appendix A. The terms used but not defined herein shall have the meaning ascribed to them elsewhere in the Contract, as appropriate. B. Appendix A, Section 2, No Quantity Guarantees is hereby restated in its entirety as follows: C. Appendix A, Section 3, Definitions is hereby restated in its entirety as follows: A. Customer - any Texas state agency, unit of local government, institution of higher education as defined in Section 2054.003, Texas Government Code, the Lower Colorado River Authority, a volunteer fire department, as defined by Section 152.001, Tax Code, and those state agencies purchasing from a DIR contract through an Interagency Agreement, as authorized by Chapter 771, Texas Government Code, any local government as authorized through the Interlocal Cooperation Act, Chapter 791, Texas Government Code. B. Compliance Check – an audit, at DIR’s expense, of Vendor’s compliance with the Contract may be performed by, but not limited to, a third party auditor, DIR Internal Audit department, or DIR contract management staff or their designees. C. Contract – the document executed between DIR and Vendor into which this Appendix A is incorporated. D. CPA – refers to the Texas Comptroller of Public Accounts. E. Day - shall mean business days, Monday through Friday, except for State and Federal holidays, unless otherwise specified as calendar days. If the Contract calls for performance on a day that is not a business day, then performance is intended to occur on the next business day. Furthermore, the parties hereby clarify that “day” shall mean calendar day (unless otherwise specified) when used in Appendices D - O or in an Ordering Document. F. Order Form – is Vendor’s standard ordering document forms used by Customer when placing an order; copies of the standard forms are attached as samples in Appendices E-1 – E-9. The standard forms may be updated by Vendor from time to time. An Order Form requires the signature of the Customer and the Order Fulfiller. G. Order Fulfiller – the party, either Vendor or a party that may be designated as a Reseller (as defined in Section 7.B) by Vendor who is fulfilling a Purchase Order pursuan...
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS. A. Appendix A, Section 3.8, Invoice, is hereby deleted and replaced in its entirety as follows: Refers to a Customer approved instrument submitted by Successful Respondent or Order Fulfiller for payment of services. B. Appendix A, Section 3.11, Statement of Work (SOW), is hereby deleted and replaced in its entirety as follows: Means a document entered into between Customer and Successful Respondent or Order Fulfiller describing a specific set of activities and/or deliverables, which may include Work Product and Intellectual Property Rights, that Successful Respondent or Order Fulfiller is to provide Customer, issued pursuant to the Contract. C. Appendix A, Section 4.5, Survival, is hereby deleted and replaced in its entirety as follows: All applicable Statements of Work that were entered into between Successful Respondent and a Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Successful Respondent shall survive expiration or termination of the Contract for the term of the Purchase Order, unless the Customer terminates the Purchase Order in accordance with Section 11. However, regardless of the term of the Purchase Order, no Purchase Order shall survive the expiration or termination of the Contract for more than three (3) years. In all instances of termination or expiration and no later than five (5) days after termination or expiration or upon DIR request, Successful Respondent shall provide a list, in accordance with the format requested by DIR (i.e., Excel, Word, etc.), of all surviving Statements of Work and Purchase Orders to the DIR Contract Manager and shall continue to report sales and pay the DIR Administrative Fees for the duration of all such surviving Statements of Work and Purchase Orders. Rights and obligations under the Contract which by their nature should survive, including, but not limited to the DIR Administrative Fee and any and all payment obligations invoiced prior to the termination or expiration hereof, obligations of confidentiality; and indemnification will remain in effect. D. Appendix A, Section 4.9, Data Location, is hereby deleted and replaced in its entirety as follows: Regardless of any other provision of the Contract or its incorporated or referenced documents, all data for State of Texas Customers shall remain, and be stored always and exclusively within the contiguous United States. State of Texas Customers can sp...
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS. 1. Section 5.2, Ownership, is hereby replaced in its entirety with the following:
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS a) Section 10.1.2 Infringements is hereby deleted and replaced in its entirety with the following: If Successful Respondent becomes aware of an actual or potential claim of an Infringement, or Customer provides Successful Respondent with notice of an actual or potential claim of an Infringement, Successful Respondent may (or in the case of an injunction against Customer, shall), at Successful Respondent’s sole expense: (i) procure for Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing. Successful Respondent shall have no liability under this Section 10.1 to the extent the alleged infringement is caused Docusign Envelope ID: DAE13E65-9402-437C-8207-840D64BFAA85 by: (i) use of the work product or service for a purpose or in a manner for which the work product or service was not designed, (ii) any modification made to the work product without Successful Respondent’s written approval, (iii) any use of the work product or service by Customer that is not in conformity with the terms of any applicable license, service, maintenance, or SaaS agreement, (iv) any intellectual property right owned or licensed to a Customer that is a party to the Purchase Order that is the subject of the infringement claim, or (v) the Customer’s failure to use any corrections or modifications made available by Successful Respondent.
AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS. A. Section 3.9, Purchase Order Definition, is hereby replaced in its entirety with the following:

Related to AUTHORIZED EXCEPTIONS TO APPENDIX A, STANDARD TERMS AND CONDITIONS

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.

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  • ADDITIONAL TERMS AND CONDITIONS This Annex A to the Second Amended and Restated Servicing Agreement, dated October 31, 2021 (the “Agreement”), among Xxxxx Bank and Xxxxx Trust Company, as Sellers, the Bank Assets Purchaser and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser, as Purchasers, and Guarantor (solely for purposes of Section 9.5 of the Agreement), is incorporated into and deemed part of the Agreement in all respects.

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