Const Sample Clauses

Const. Art. 4, § 100; Miss AG Op., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct, 18, 2002); Miss. AG Op., Xxxxxxx (May 28, 1992); Miss. AG Op., Xxxxx (March 3, 1993).

Const. Art. 4, § 100; Miss. AG Xx., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct. 18, 2002). 18. UM will deliver payments to Contractor no later than forty-five (45) days after receipt of invoice and receipt, inspection and approval of Contractor’s products/services. Any provision that requires UM pay Contractor any late charges is governed by Miss. Code Xxx. § 31-7-305. 19. UM is a public agency of the State of Mississippi and is subject to the Mississippi Public Records Act, Miss. Code Xxx. §25-61-1, et seq., and the Mississippi Accountability and Transparency Act of 2008, Miss. Code Xxx. § 00-000-000, et seq. 20. Contractor represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Miss. Code Xxx. § 71-11-1, et seq., and will register and participate in the status verification system for all newly hired employees. Any provision penalizing UM for hiring an employee who works for the Contractor is deleted. 21. UM is an equal opportunity employer. Executive order 11246 requires that UM do business with organizations that are in compliance with Title VII of the 1964 Civil Rights Act, as amended. During the performance of any contract with UM, Contractor agrees to be bound by provisions of Section 202 of Executive Order 11246, as amended and Executive Orders 11701, 11625 and 11758. 22. The continuance of any UM contract is based on the availability of funds. Should there be no funds available for any succeeding funding period; the contract will be cancelled as of the end of the funding period with no further obligation on the part of UM. This contract is cancellable with thirty (30) days’ notice to the vendor at the end of the fiscal period in the event funds are not appropriated by the funding authority. (Any property covered by a lease shall be returned to lessor). 23. Any provision requiring UM to name the contractor as an additional insured is deleted. 24. Neither party may assign its rights or delegate its duties under the contract without the prior written consent of the other party, which shall not be unreasonably withheld. 25. Contractor recognizes that UM, as a political subdivision of the State of Mississippi, enters into this contract only to the extent authorized by Mississippi law. 26. Contractor acknowledges that the individual executing the contract on behalf of UM is doing so only in his/her official capacity only, and to the extent that any provision contained in the contract exceeds his/her au...

Const. Art. 4, § 100; Miss. AG Xx., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct. 18, 2002). 12. Any references to UM limiting damages, remedies or waiving any claim are deleted. Miss. Const. Art. 4, § 100; Miss. AG Xx., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct. 18, 2002). 13. Any provisions giving the Contractor exclusive control over litigation are deleted. UM does not agree that Contractor may represent, prosecute or defend legal actions in the name of UM. Board of Trustees Institutions of Higher Learning Policy 1102. 14. Any references to UM submitting to binding arbitration are deleted.

Const. Art. 4, § 100; Miss AG Op., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct, 18, 2002). 2. TUPELO does not make any warranty.

Const. Art. 4, § 100; Miss. AG Xx., Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct. 18, 2002). 11. Any references to UM waiving any cause of action it may have against Contractor or any other party as a result of Contractor’s breach of the contract, or Contractor’s own negligence or willful misconduct or the negligence or willful misconduct of Contractor’s employees or agents are deleted.

Const. Art. 4, § 100; Miss AG Op; Xxxxx (June 7, 2002); Miss. AG Op., Xxxxxxxxxx (Oct, 18, 2002). 4. TUPELO does not waive its sovereign immunity. TUPELO shall only be responsible for liability resulting from the actions of its officers, agents, and employees acting within the course and scope of their official duties. Miss. Code Xxx. § 11-46-1, et seq. 5. TUPELO does not waive its Constitutional Eleventh (11th) Amendment immunity. U.S. Const. Amend. XI. 6. TUPELO does not agree to the application of laws of another state. U.S. Const. amend XI; Miss. Code Xxx. 11-11-3; Miss. Code Xxx. 11-45- 1; City of Xxxxxxx x. Xxxxxxx, 196 So. 223 (1940) 7. TUPELO does not limit the tort liability of another party to the amount of the contract or to any other set amount.

Const. Coord. Coordinating With Purchaser. The Bidder is responsible for coordinating with the Purchaser for specific needs or requirements such as facility access, security, and work hours. Bidder must coordinate with Purchaser to schedule project work to allow maximum access to the Bidder while minimizing disruption of Purchaser’s business. Accordingly, the Bidder will frequently be required to work after normal business hours (Monday through Friday, 8 a.m. to 5 p.m.) and on weekends. MANDATORY Fully Meets 9.2 Const. Coord. NEW CONSTRUCTION. When the project is for new construction or renovation, the Bidder must coordinate with the Purchaser’s project manager to ensure that all work is performed in coordination with ongoing construction activities in such a manner as to cause the least possible disruption to other Bidders, finished surfaces, and facilitate the most efficient method for completion of the work. MANDATORY Fully Meets 9.3 Const. Coord. SAFETY REQUIREMENTS. Bidder must observe and comply with OSHA/WISHA regulations, all applicable safety and environmental laws and regulations, and all Purchaser’s rules, guidelines, policies and procedures relating to safety, workplace conditions, health and the environment, including physical, fire, evacuation, accidents, hazardous materials or situations, or other safety regulations and policies during all work operations. OSHA/WISHA guidelines and rules must be followed and Xxxxxx’s adherence is subject to review by the State. · All debris generated by the Bidder must be picked up and lawfully disposed of at the conclusion of each work day. · Hallways must be kept free of debris, scaffolds, etc., during peak use. · Traffic control devices, safety barricades, and other such devices must be utilized where necessary. · Where performing work at a construction site, the Bidder will be required to abide by the Purchaser's primary Bidder's additional safety requirements. · Whenever project requires Bidder to transit a firewall, the Bidder must meet all codes and requirements for proper fire-stop materials and methods MANDATORY Fully Meets 9.4 Const. Coord.

Const. Coord (OUT)

Const. Coord (OUT) Aerial Placement. The Bidder must utilize standard industry hardware to attach aerial cable at pole locations (strand vices, xxx xxxxx, cable suspension clamps, corner suspension clamps, etc.) MANDATORY Fully Meets * 10.3

Const. Coord. Performance Bonds. The Bidder is responsible for obtaining performance bonds when required by the Purchaser. MANDATORY Fully Meets 9.9 Const. Coord. Hazardous Materials Remediation. It is the Bidder’s responsibility to meet all state/federal rules and regulations pertaining to the presence of asbestos or other hazardous materials. Purchaser does not contemplate work in any area that contains hazardous materials, unless specified in writing in the SOW. Bidder must cease all work in any area where hazardous materials are discovered and must immediately notify Purchaser in writing. The Purchaser must be responsible for determining the disposition of hazardous materials identified by the Bidder. MANDATORY Fully Meets 9.10 Const. Coord. Removal of Old Cabling. Upon Purchaser request in SOW/Work Order, Bidder must be responsible for removing old cabling while installing new. MANDATORY Fully Meets * 10.0 Const. Coord (OUT) CONSTRUCTION COORDINATION (Additional)- Outside Work Bidders Only: * 10.1