Authorized Exceptions to Contract or any Appendices. No exceptions have been agreed to by DIR and Vendor.
Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 5, Intellectual Property Matters is hereby deleted and replaced in its entirety as follows:
Authorized Exceptions to Contract or any Appendices. 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, 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
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 1-6. 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 pursuant to the Contract.
H. Purchase Order - the Customer’s fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument) and when issued shall mean all funds have been appropriated for such order for the then-current fiscal period.
I. State – refers to the State of Texas.
J. Subco...
Authorized Exceptions to Contract or any Appendices. A. Contract, Section 7, License, Service and Lease Agreements, D. Master Lease Agreement is replaced in its entirety as follows: DIR and Vendor hereby agree that Vendor is authorized to utilize the Master Lease Agreement in Appendix D and Equipment Schedule to Master Lease Agreement in Appendix J of this Contract for DIR authorized entities as Lessees that are not Texas State Agencies or otherwise required by statute to utilize the Texas Public Finance Authority for such leasing transactions. Texas State Agencies that have the requisite capital authority and who are not required to utilize such authority via the Texas Public Finance Authority may or may not be eligible to utilize the Master Lease Agreement; each such agency must confer with its own legal counsel to make this determination.
B. Appendix A, Section 5, Intellectual Property Matters is hereby deleted and replaced in its entirety as follows:
Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 5. Intellectual Property Matters, is hereby amended by placing the following paragraph at the beginning of this section as follows:
Authorized Exceptions to Contract or any Appendices. A. Section 3. Definitions, G. Purchase Order is hereby replaced in its entirety as follows: Purchase Order - the Customer’s fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). The terms of this agreement supercedes any terms printed on Customer’s Purchase Order and any Purchase Order terms are null and void.
Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 4, General Provisions, B. Modification of Contract Terms and/or Amendments, Subsection 3) is hereby restated in its entirety as follows:
Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 1, Contract Scope, is hereby restated in its entirety as follows:
B. Appendix A, Section 7, Product Terms and Conditions, C. Product Warranty and Return Policies, is hereby restated in its entirety as follows:
C. Appendix A, Section 10, Vendor Responsibilities, A. Indemnification, 2) Acts or Omissions, is hereby restated in its entirety as follows:
D. Appendix A, Section 10, Vendor Responsibilities, A. Indemnification, 3) Infringements, is hereby restated in its entirety as follows:
Authorized Exceptions to Contract or any Appendices. A. Appendix A, Section 5, Intellectual Property Matters is hereby deleted and replaced in its entirety as follows:
B. Appendix A, Section 6, Product Terms and Conditions, A. Electronic and Information Resources Accessibility Standards, As Required by 1 TAC Chapters 206 and 213 (Applicable State Agency and Institution of Higher Education Purchases Only), 3) is hereby added in its entirety as follows:
(1) compliance would require a fundamental alteration in the nature of the hardware products, under 36 C.F.R. 1194.3(e); or
(2) our hardware products may be restricted to spaces frequented only by service personnel for monitoring purposes, under 36 C.F.R. 1194.3(f). The Vendor’s software products may be accessed through commodity Windows or Unix server and desktop systems to run the browsers and command line interfaces that manage our software. The Vendor does not provide commodity interface systems with the Vendor’s product line, however, the operating systems on commodity Windows or Unix server and desktop systems are generally 508 compliant, allowing a wide range of users with disabilities to access and use our software.
C. Appendix A, Section 10, Vendor Responsibilities, A. Indemnification, 3) Infringements, b) is hereby restated in its entirety as follows:
