Contract Documents Order of Precedent
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Contract Documents; Order of Precedence The Contract Documents shall consist of the following: this Contract, Exhibits A-F to this Contract, and the Proposal (as modified hereby). In the event of conflict or variance between the body of this Contract (Sections 1-16) and any other document comprising the Contract Documents, this Contract shall govern. Conflicts and variances among the documents comprising the Contract Documents shall be resolved by giving precedence in the following order: This Contract, the Exhibits, and the Proposal.
Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents:
CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS In connection with any Contract modification, OGS reserves the right to: request additional information reject Contract modifications remove Products from Contract modification requests request additional discounts for new or existing Products
Order of Precedence Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence:
Construction Contract Documents The Construction Contract Documents shall consist of the plans and specifications prepared by the Engineer, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement.
Contractor’s Documents Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click- through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section. State Audits.
THE CONTRACT DOCUMENTS The Contract Documents consist of the State-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to bid opening and any Change Orders after execution of the Contract.
Contract Documents The contract documents shall consist of the following:
OGS Contract Documents This Centralized Contract is composed of the following documents: The Contract (that portion preceding the signatures) Appendix A - Standard Clauses for New York State Contracts (January 2014) Appendix B - General Specifications January 2015 22772 Project Based Information Technology Consulting (Statewide) Appendix C - Contract Modification Procedure Appendix D – Pricing Schedule Appendix E – Report of Contract Purchases Appendix F – Project Based Information Technology Consulting Services Processes and Forms o Attachment 1- Mini-Bid Template o Attachment 2- How to Use This Contract o Attachment 3- Enhancement Request Template o Attachment 4- No Cost Change Request Template o Attachment 5- Mini-Bid Participation Interest Template Appendix G – Contractor and OGS Information
INTENT OF CONTRACT DOCUMENTS 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein.
