Government Counterarguments Sample Clauses

Government Counterarguments a. The Order of Precedence Clause The government argues that FAR clause 52.212-4, incorporated into the contract through the October 28, 2013 modification, mandated the creation of backup copies of TETRA pursuant to federal rules and regulations. The clause states: FAR 52.212-4(s) (Emphasis in original). The “Other Compliances” in FAR 52.212-4(s)(2) refer to “all applicable Federal, State and local laws, executive orders, rules and regulations.” FAR 52.212-4(q). The government therefore argues that copies of TETRA made pursuant to the various Standard Operating Procedures (“SOPs”) cited by plaintiff were permitted because the SOPs, as rules and regulations under “Other Compliances,” xxxxx provisions in the XXXX, as a “license agreement for computer software.”8 Plaintiff correctly points out, however, that this clause applies to inconsistencies between the explicit terms of solicitations or contracts.9 We 8 For example, the DTC’s SOPs, according to the parties, mandated the “routine creation of . . . backup copies throughout the project.” Pl.’s Mot. at 22 (citing Ex. 57, MHS DTC Backup and Recovery Dot Mil Network Standard Operating Procedures (SOP)). Specifically, the SOPs “outline[] the procedures for configuring, performing, and validating the backup of DTC Management Infrastructure.” Ex. 57, APP-1256. 9 Plaintiff also argues that the SOPs are not “rules and regulations” under FAR 52.212-4(q)’s “Other Compliances.” We need not reach that issue, however, as we find the clause inapplicable to the facts. agree with plaintiff that the clause is inapplicable to the facts of this case. The “order of precedence” clause clearly refers to inconsistencies in the language of a contract. The clause states at the outset that it governs when there are “[a]ny inconsistencies in this . . . contract.” FAR 52.212-4(s) (Emphasis added). Any inconsistency must be within the four corners of the contract. See, e.g., Apollo Sheet Metal, Inc. v. United States, 44 Fed. Cl. 210, 214 (1999) (“One thus looks to the order of precedence clause to resolve inconsistencies between specific terms in competing clauses of like provision. . .”) (Emphasis added); Xxxxxx Bros., Inc. v. United States, 55 Fed. Cl. 8, 37 (2002) (“The Order of Precedence clause generally is relied on to resolve conflicts between clauses of the contract.”) (Emphasis added). The conflict here, according to the government, is between the language of the XXXX and the SOPs; however, the SOPs do not appear in the XXXX,...
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Related to Government Counterarguments

  • Government Procurement 1. Articles II, XVI and XVII shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale. 2. There shall be multilateral negotiations on government procurement in services under this Agreement within two years from the date of entry into force of the WTO Agreement.

  • Government Programs The Property is subject to the government programs listed below or on the attached exhibit:

  • Government Action Any government authority takes action that the Bank believes materially adversely affects the Borrower's (or any guarantor's) financial condition or ability to repay.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

  • Government Use If the Software, Documentation, Materials and any other Licensor services are being or have been acquired with U.S. Federal Government funds, or Customer is an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data, manuals or Materials, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Software, Materials, and any Licensor services are COMMERCIAL ITEMS AS DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use of the Software and Materials by the Government is further restricted according to the Agreement and any amendment hereto.

  • Government Code Claim Requirement No suit for money or damages may be brought against the City until a written claim therefor has been presented to and rejected by the City in conformity with the provisions of San Francisco Administrative Code Chapter 10 and California Government Code Section 900, et seq. Nothing set forth in this Agreement shall operate to toll, waive or excuse Contractor’s compliance with the California Government Code Claim requirements set forth in San Francisco Administrative Code Chapter 10 and California Government Code Section 900, et seq.

  • Government Consents Borrower and each Subsidiary have obtained all consents, approvals and authorizations of, made all declarations or filings with, and given all notices to, all governmental authorities that are necessary for the continued operation of Borrower’s business as currently conducted, except where the failure to do so would not reasonably be expected to cause a Material Adverse Effect.

  • No Government Review The Purchaser understands that neither the SEC nor any securities commission or other governmental authority of any state, country or other jurisdiction has approved the issuance of the Securities or passed upon or endorsed the merits of this Agreement, the Securities, or any of the other documents relating to the Placement, or confirmed the accuracy of, determined the adequacy of, or reviewed this Agreement, the Securities or such other documents.

  • Government End Users The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48

  • Grievance Commissioner System This is to confirm the discussion of the parties during collective bargaining that they are committed to encouraging early discussion and resolution of labour relations issues at the local level and seek to resolve grievances in a timely and cost efficient manner. To that end, this is to confirm that pursuant to Article 8, the parties agree that the Employer and Union at individual nursing homes may agree to utilize the following process in order to resolve a particular grievance through the utilization of a joint mediation-arbitration procedure:

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