Contractor Responsibility. The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their designee, in their sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their designee issues a Written notice authorizing a resumption of performance under the Contract. Upon Written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their designee to be non-responsible. In such event, the Commissioner of OGS or their designee may complete the contractual requirements in any manner they may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 54 contracts
Samples: Fourth Amendment to Contract Number Pm20920, Contract for the Acquisition of Information Technology Commodities and/or Services, Contract for the Acquisition of Information Technology Commodities and/or Services
Contractor Responsibility. The Contractor shall at all times during the Contract Extension term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their her designee, in their his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their her designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their her designee to be non-responsible. In such event, the Commissioner of OGS or their her designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 9 contracts
Samples: Contract Extension Agreement, Contract Extension Agreement, Contract Extension Agreement
Contractor Responsibility. The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their her designee, in their his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their her designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their her designee to be non-responsible. In such event, the Commissioner of OGS or their her designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 5 contracts
Samples: Contract for Food (Commercial) (Statewide), Contract for Food Acquisition, Award Agreement
Contractor Responsibility. The Contractor shall at all times during the Contract term of this Agreement remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their her designee, in their his or her sole discretion, reserves the right to suspend any or all activities under this the Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their her designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their her designee to be non-responsible. In such event, the Commissioner of OGS or their her designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State of New York be deemed a breach thereof, nor shall the State of New York be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 4 contracts
Samples: Contract Extension Agreement, Contract Extension Agreement, Contract Extension Agreement
Contractor Responsibility. The following language is added to the Contract: The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their designeeOGS, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their designeeOGS, in their his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their designee issues a Written written notice authorizing a resumption of performance under the Contract. The Contractor agrees that if it is found by the State that Contractor’s responses to its Vendor Responsibility Questionnaire were intentionally false or intentionally incomplete, on such finding, the Commissioner may terminate the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their designee to be non-responsible. In such event, the Commissioner of OGS or their designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 2 contracts
Samples: Contract Extension Agreement, Contract Extension Agreement
Contractor Responsibility. The Contractor shall at all times during the Contract Renewal term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their her designee, in their his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their her designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or their her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their her designee to be non-responsible. In such event, the Commissioner of OGS or their her designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 1 contract
Samples: Contract Renewal Agreement
Contractor Responsibility. The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner Co-Executives of OGS BOE or their designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner Co-Executives of OGS BOE or their designee, in their sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner Co-Executives of OGS BOE or their designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS BOE officials or staff, the Contract may be terminated by the Commissioner Co-Executives of OGS BOE or their designee at the Contractor’s expense where the Contractor is determined by the Commissioner Co-Executives of OGS BOE or their designee to be non-responsible. In such event, the Commissioner Co-Executives of OGS BOE or their designee may complete the contractual requirements in any manner they may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 1 contract
Contractor Responsibility. The Contractor shall at all times during the Contract contract term remain responsible. The Contractor agrees, if requested by the Commissioner Superintendent of OGS Financial Services (“Superintendent”), or their her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS Superintendent, or their her designee, in their her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover if she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS Superintendent, or their her designee issues a Written written notice authorizing a resumption of performance under the Contract. Upon Written written notice to the Contractor, and a reasonable opportunity for Contractor to be heard with appropriate OGS Department officials or staff, the Contract may be terminated by the Commissioner of OGS Superintendent or their her designee at the Contractor’s expense where the if Contractor is determined by the Commissioner of OGS or their designee Superintendent to be non-responsible. In such event, the Commissioner of OGS Superintendent or their her designee may complete the contractual requirements in any manner they she may deem advisable and pursue available legal or equitable remedies for any breach. In no case Contractor, its subcontractors, agents, and employees shall such termination comply with the terms of the Contract by the Appendix A – Standards Clauses for New York State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwiseContracts, which may be sustained is attached hereto, incorporated herein by the Contractor as reference, and make a result of such terminationpart hereof.
Appears in 1 contract
Contractor Responsibility. The Contractor shall at all times during the Contract term Term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or their designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or their designee, in their his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when they discover he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written Written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or their designee issues a Written notice authorizing a resumption of performance under the this Contract. Upon Written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the this Contract may be terminated by the Commissioner of OGS or their designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or their designee to be non-responsible. In such event, the Commissioner of OGS or their designee may complete the contractual requirements in any manner they he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the this Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.
Appears in 1 contract
Samples: Telecommunications