Common use of Court Action or Other Legal Processes Clause in Contracts

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. In response to the ongoing COVID-19 pandemic, beginning in March 2020, Governor Cuomo issued a series of Executive Orders addressing various categories of business activities, including, but not limited to, construction, manufacturing, administrative, and professional services. In addition, Empire State Development (ESD) was authorized to develop Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders. Although much of NYSERDA’s clean energy efforts involve construction activity, NYSERDA engages in many other activities that are affected by State COVID-19 directives and requirements. The State has also established a series of metrics required to begin a phased reopening plan. The phase-in plan prioritizes businesses considered to have a greater economic impact and inherently low risks of infection for the workers and customers, followed by other businesses considered to have less economic impact, and those that present a higher risk of infection spread.3 Pursuant to Executive Order 202.31 and “NY Forward,” New York will reopen on a regional basis as each region meets the criteria necessary to protect public health.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Title Classifications Not to Exceed Hourly Rate Range Year 1 Year 2 Min. Max. Min. Max. Direct non-personal service costs will be allowed and reimbursed at cost for project related expenses. Items not listed but necessary to complete the work must be pre-approved by NYSERDA: Travel Laboratory Tests Overnight Mail Supplies Test Equipment Rentals Report Reproduction/Outside Printing Postage Computer Services Subcontracts In response to the ongoing COVID-19 pandemic, beginning in March 2020, Governor Cuomo issued a series of Executive Orders addressing various categories of business activities, including, but not limited to, construction, manufacturing, administrative, and professional services. In addition, Empire State Development (ESD) was authorized to develop Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders. Although much of NYSERDA’s clean energy efforts involve construction activity, NYSERDA engages in many other activities that are affected by State COVID-19 directives and requirements. The State has also established a series of metrics required to begin a phased reopening plan. The phase-in plan prioritizes businesses considered to have a greater economic impact and inherently low risks of infection for the workers and customers, followed by other businesses considered to have less economic impact, and those that present a higher risk of infection spread.3 spread. 6 Pursuant to Executive Order 202.31 and “NY Forward,” New York will reopen on a regional basis as each region meets the criteria necessary to protect public health.. For New York State regions and approved activities that have been deemed reopened pursuant to the State’s Regional Monitoring Dashboard, and in light of the paramount importance placed on health and safety at this time, NYSERDA hereby directs and requires that NYSERDA contractors performing clean energy activity pursuant to a NYSERDA contract or program to comply with all Executive Orders addressing the COVID-19 pandemic, and in all events, NYSERDA contractors are expected to continue to comply with all relevant State, federal and local rules. All contractors are also accountable for staying current with any updates to these requirements. COVID-19 related guidance and references can be found on NYSERDA’s website at: xxxxx://xxx.xxxxxxx.xx.xxx/ny/COVID-19-Response, and is hereby deemed incorporated herein, as may be updated from time to time. Phase I of reopening does include all construction activity. All NYSERDA contractors

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation obliga tion incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any an y source of funds available for that purpose. In response to the ongoing COVID-19 pandemic, beginning in March 2020, Governor Cuomo Xxxxx issued a series of Executive Orders addressing various categories of business activities, including, but not limited to, construction, manufacturing, administrative, and professional pr ofessional services. In addition, Empire State Development (ESD) was authorized to develop Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders. Although much of NYSERDA’s clean energy efforts involve construction activity, NYSERDA engages in many other activities that are affected by State COVID-19 directives and requirements. The State has also established a series of metrics required to begin a phased reopening plan. The phase-in plan prioritizes businesses considered to have a greater economic impact and inherently low risks of infection for the th e workers and customers, followed by other businesses considered to have less economic impact, and those that present a higher risk of infection spread.3 spread. 1 Pursuant to Executive Order 202.31 and “NY Forward,” New York will reopen on a regional basis as each region meets the criteria necessary to protect public health. For New York State regions and approved activities that have been deemed reopened pursuant to the State’s Regional Monitoring Dashboard, and in light of the paramount importance placed on health and safety at this time, NYSERDA hereby directs and requires that NYSERDA contractors performing clean energy activity pursuant to a NYSERDA contract or program to comply with all Executive Orders addressing the COVID-19 pandemic, and in all events, NYSERDA contractors are expected to continue to comply with all relevant State, federal and local rules. All contractors are also accountable for staying current with any updates to these requirements. COVID-19 related guidance and references can be found on NYSERDA’s website at: xxxxx://xxx.xxxxxxx.xx.xxx/ny/COVID-19-Response, and is hereby deemed incorporated herein, as may be updated from time to time.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Pursuant to New York State Executive Law Article 17-B, NYSERDA recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified service-disabled veteran-owned business enterprises (SDVOB) in the performance of NYSERDA contracts. Executive Law Article 17-B and its associated regulations require, among other things, that NYSERDA establish goa ls for maximum feasible participation of New York State Certified SDVOBs in the performance of New York State contracts. In response accordance with Article 17-B of the N.Y. Executive Law (“Article 17-B”) and its associated regulations, NYSERDA has established certain contract participation goals for certified SDVOBs. NYSERDA's participation goa ls for contracts awarded pursuant to this solicitation are 6% for SDVOBs. The SDVOB participation goal is subject to the ongoing COVID-19 pandemicrequirements of Article 17-B, beginning a nd its implementing regula tions as set forth in March 2020Title 9, Governor Cuomo issued a series Subtitle G Part 252 of Executive Orders addressing various categories of business activities, including, but not limited to, construction, manufacturing, administrative, and professional services. In addition, Empire State Development (ESD) was authorized to develop Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders. Although much of NYSERDA’s clean energy efforts involve construction activity, NYSERDA engages in many other activities that are affected by State COVID-19 directives and requirements. The State has also established a series of metrics required to begin a phased reopening plan. The phase-in plan prioritizes businesses considered to have a greater economic impact and inherently low risks of infection for the workers and customers, followed by other businesses considered to have less economic impact, and those that present a higher risk of infection spread.3 Pursuant to Executive Order 202.31 and “NY Forward,” New York will reopen Codes, Rules and Regulations (the “Regulations”). By submitting a proposal, the Proposer represents that it has reviewed and familiarized itself with the Regulations (see xxxx://xxx.xx.xxx/About/Regs/docs/part252.pdf) which are incorporated herein by this reference. Any conflicts between the solicitation and the Regulations shall be resolved in favor of the Regulations. Each proposer shall, in accordance with the Regulations, make good faith efforts a nd, in a manner that can be established in documentary form, solicit a ctive participation by certified SDVOBs, as identified in the applicable state directory maintained by OGS. (see xxxxx://xxx.xx.xxx/Veterans/default.asp) Additionally, proposers are encouraged to contact the Division of Service-Disabled Veterans’ Business Development at 000-000-0000 or XxxxxxxxXxxxxxxxxxx@xxx.xx.xxx to discuss additional methods of maximizing SDVOBs on a regional basis as each region meets the criteria necessary to protect public healthcontract.