Common use of I N D E X Clause in Contracts

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 M Modification of Contract Terms 27 N No Hardstop/Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 67

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 M Modification of Contract Terms 27 N No Hardstop/Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6767 GROUP 40625-22792 – Heavy Equipment (Statewide) Appendix C, Report of Contract Usage DO NOT ADD, REMOVE OR REARRANGE ANY COLUMNS OR ROWS. Please fill in the required supplier information below. Required Information Answer Supplier Name Supplier Award areas (lots and items) Xxxxxxx Xxxx 0 Xxxxxxx Xxxx 0 Xxxx Xxxxx Xxx Code Contact Name Email Address Phone Number Contract Number The chart below provided definitions for the columns listed in the data collection tabs. Please use this as a reference when populating these tabs. Column Definition Comment/Example Invoice # Invoice number Invoice Date Date of invoice PO # Purchase order number Contract # New York State contract number Agency/State Entity/Municipality New York State agency/entity or municipality Ex: Dept of Transpiration, Dept of Correctional Services, Rockland County, SUNY Buffalo Region/Facility/Location Name Region, facility, or location associated with the agency or entity Ex: DOT District 2, Adirondack Correctional Facility Manufacturer Name of manufacturer of vehicle Ex: Caterpillar, Xxxx Deere, Gradall Product Type Vehicle make Ex: Backhoe, Crawler Dozer, Motor Grader, etc. Model Vehicle model Ex: 930K, 321E, SR175 Model Year Model year of vehicle purchased Ex. 2012 Base Equipment Cost Contract price for equipment excluding any options Options List any options purchased for the equipment, please list all options in subsequent rows Net Options Cost Total net cost for options purchased Non-OEM Equipment List any non-OEM equipment installed Non-OEM Equipment Cost Total cost for any non-OEM equipment purchased Unit Price Price for entire piece of equipment including options Delivery Cost (Per Unit) Delivery cost per unit Extended Cost Total Cost Base Equipment Cost + Net Options Cost + Non-OEM Equipment Cost + Delivery Cost County Ship To County to which vehicle was delivered Ship To Street Address Ship To Street Address Ship To Zip Code Ship To Zip Code Spend Report Spreadsheet - Equipment Data DO NOT ADD, REMOVE OR REARRAGE ANY COLUMNS OR ROWS. Invoice # Invoice Date PO # Contract # State Agency/Entity Region/Facility/Location Name Manufacturer Product Type Model # Model Year Equipment Cost 1234 12/1/2012 7891011 PC12345 Office of General Services Albany Gradall Excavator XL 4210 III 2013 $ 22,400.00 Options Cost Delivery Cost Extended Cost Ship To Street Address Ship To County Ship To Zip Code $ 1,400.00 $ 23,800.00 0000 Xxxx Xxx 1 12242 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - GROUP 40625-22792 – Heavy Equipment (Statewide) Spend Report Spreadsheet - Option Data Contract Number Total Items Purchased Manufacturer Product Type Model # Model Year Option Code Option Description Quantity of Options Purchased Option Unit Price Total Option Price

I N D E X. Clause Clause Xxxxxx Xxxxxx A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 40 49 62 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card 13 Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Purchasing Card Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss for Products Other than Technology Products Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 25 7 61 31 10 35 12 47 65 30 15 18 65 36 11 48 38 44 27 52 14 33 60 41 42 8 43 17 19 34 50 54 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening 16 4 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Publicity Contract Term - Renewal Extension Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 66 6 45 22 21 23 53 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 56 57 51 37 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 55 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6763

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 M Modification of Contract Terms 27 N No Hardstop/Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6767 GROUP 40625-22792 – Heavy Equipment (Statewide) Appendix C, Report of Contract Usage DO NOT ADD, REMOVE OR REARRANGE ANY COLUMNS OR ROWS. Please fill in the required supplier information below. Required Information Answer Supplier Name Supplier Award areas (lots and items) Xxxxxxx Xxxx 0 Xxxxxxx Xxxx 0 Xxxx Xxxxx Xxx Code Contact Name Email Address Phone Number Contract Number The chart below provided definitions for the columns listed in the data collection tabs. Please use this as a reference when populating these tabs. Column Definition Comment/Example Invoice # Invoice number Invoice Date Date of invoice PO # Purchase order number Contract # New York State contract number Agency/State Entity/Municipality New York State agency/entity or municipality Ex: Dept of Transportation, Dept of Correctional Services, Rockland County, SUNY Buffalo Region/Facility/Location Name Region, facility, or location associated with the agency or entity Ex: DOT District 2, Adirondack Correctional Facility Manufacturer Name of manufacturer of Garage Lift Ex. Stertil-Koni Product Type Vehicle make Stertil-Koni Model Vehicle model 35072000 Model Year Model year of vehicle purchased Ex. 2016 Base Equipment Cost Contract price for equipment excluding any options Options List any options purchased for the equipment, please list all options in subsequent rows Net Options Cost Total net cost for options purchased Non-OEM Equipment List any non-OEM equipment installed Non-OEM Equipment Cost Total cost for any non-OEM equipment purchased Unit Price Price for entire piece of equipment including options Delivery Cost (Per Unit) Delivery cost per unit Extended Cost Total Cost Base Equipment Cost + Net Options Cost + Non-OEM Equipment Cost + Delivery Cost County Ship To County to which vehicle was delivered Ship To Street Address Ship To Street Address Ship To Zip Code Ship To Zip Code Spend Report Spreadsheet - Equipment Data DO NOT ADD, REMOVE OR REARRAGE ANY COLUMNS OR ROWS. Invoice # Invoice Date PO # Contract # State Agency/Entity Region/Facility/Location Name Manufacturer Product Type Model # Model Year Equipment Cost 1234 4/1/2016 7891011 PC12345 Office of General Services Albany Stertil-Koni Lift 35072000 2016 $ 18,107.00 Options Cost Delivery Cost Extended Cost Ship To Street Address Ship To County Ship To Zip Code $ 236.00 $ - $ 18,343.00 0000 Xxxx Xxx 1 12242 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - GROUP 40625-22792 – Heavy Equipment (Statewide) Spend Report Spreadsheet - Option Data Contract Number Total Items Purchased Manufacturer Product Type Model # Model Year Option Code Option Description Quantity of Options Purchased Option Unit Price Total Option Price

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 40 49 62 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Purchasing Card Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss for Products Other than Technology Products Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 25 7 13 61 31 10 35 12 47 65 30 15 18 65 36 11 48 38 44 27 52 14 33 60 41 42 8 43 17 19 34 50 54 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening 16 4 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Publicity Contract Term - Renewal Extension Cooperation with Third Parties 20 4 70 7 48 24 57 56 66 6 45 22 21 23 53 D Debriefings Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 20 46 2 63 16 59 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 39 28 1 10 6 9 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 56 57 51 37 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 55 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 63 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6724 64 ATTACHMENT 1 – PRICING ATTACHMENT 2 – Delivery Schedule – State Agencies Delivery schedule included as a separate document ATTACHMENT 3 – Delivery Schedule – Local Governments and Other Eligible Non-State Agencies Delivery schedule included as a separate document Attachment 4 Insurance Requirements ATTACHMENT 5 – Report of Contract Usage

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 40 49 62 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Purchasing Card Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss for Products Other than Technology Products Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 25 7 13 61 31 10 35 12 47 65 30 15 18 65 36 11 48 38 44 27 52 14 33 60 41 42 8 43 17 19 34 50 54 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening 16 4 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Publicity Contract Term - Renewal Extension Cooperation with Third Parties 20 4 70 7 48 24 57 56 66 6 45 22 21 23 53 D Debriefings Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 20 46 2 63 16 59 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 39 28 1 10 6 9 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 56 57 51 37 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 55 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 63 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6724 64 ATTACHMENT 1 – PRICING ATTACHMENT 2 – Delivery Schedule – State Agencies Delivery schedule included as a separate document ATTACHMENT 3 – Delivery Schedule – Political Subdivisions, Local Governments and Other Eligible Non-State Agencies Delivery schedule included as a separate document Attachment 4 Contractor’s Insurance Requirements The Contractor shall be required to procure, at its sole cost and expense, all insurance required by this Attachment. The Contractor shall be required to provide proof of compliance with the requirements of this Attachment, as follows: • Proof of Workers’ Compensation and Disability Benefits Insurance shall be provided at the time of Bid submission; • Proof of all other insurance shall be provided in accordance with Section B below; • After award, the Contractor shall be required to provide proof of all insurance after renewal or upon request according to the timelines set forth in Section A.13 below. Contractors shall be required to procure, at their sole cost and expense, and shall maintain in force at all times during the term of any Contract resulting from this Solicitation, policies of insurance as required by this Attachment. All insurance required by this Attachment shall be written by companies that have an A.M. Best Company rating of “A-,” Class “VII” or better. In addition, companies writing insurance intended to comply with the requirements of this Attachment should be licensed or authorized by the New York State Department of Financial Services to issue insurance in the State of New York. OGS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M. Best rating falls below “A-,” Class “VII,” the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above. Bidders and Contractors shall deliver to OGS evidence of the insurance required by this Solicitation and any Contract resulting from this Solicitation in a form satisfactory to OGS. Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned or delayed, acceptance and/or approval by OGS does not, and shall not be construed to, relieve Bidders or Contractors of any obligations, responsibilities or liabilities under this Solicitation or any Contract resulting from this Solicitation. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the term of the Contract.

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 40 49 62 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Purchasing Card Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss for Products Other than Technology Products Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 25 7 13 61 31 10 35 12 47 65 30 15 18 65 36 11 48 38 44 27 52 14 33 60 41 42 8 43 17 19 34 50 54 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening 16 4 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Publicity Contract Term - Renewal Extension Cooperation with Third Parties 20 4 70 7 48 24 57 56 66 6 45 22 21 23 53 D Debriefings Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 20 46 2 63 16 59 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 39 28 1 10 6 9 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 56 57 51 37 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 55 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 63 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6724 64 ATTACHMENT 1 – PRICING ATTACHMENT 2 – Delivery Schedule – State Agencies Delivery schedule included as a separate document ATTACHMENT 3 – Delivery Schedule – Political Subdivisions, Local Governments and Other Eligible Non-State Agencies Delivery schedule included as a separate document Attachment 4 Insurance Requirements Note: Bidders are advised to provide this Attachment to their insurance agent/broker in order to confirm the Bidder’s coverage meets these requirements. Failure to meet the required insurance coverage levels may result in the rejection of the bid. The Bidder shall be required to procure, at its sole cost and expense, all insurance required by this Attachment. The Bidder shall be required to provide proof of compliance with the requirements of this Attachment, as follows: • Proof of Workers’ Compensation and Disability Benefits Insurance [shall/should] be provided at the time of Bid submission; • Proof of all other insurance shall be provided in accordance with Section B below; • After award, the Contractor shall be required to provide proof of all insurance after renewal or upon request according to the timelines set forth in Section A.13 below. Contractors shall be required to procure, at their sole cost and expense, and shall maintain in force at all times during the term of any Contract resulting from this Solicitation, policies of insurance as required by this Attachment. All insurance required by this Attachment shall be written by companies that have an A.M. Best Company rating of “A-,” Class “VII” or better. In addition, companies writing insurance intended to comply with the requirements of this Attachment should be licensed or authorized by the New York State Department of Financial Services to issue insurance in the State of New York. OGS may, in its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when certificates and/or other policy documents are accompanied by a completed Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the company’s strong financial rating. If, during the term of a policy, the carrier’s A.M. Best rating falls below “A-,” Class “VII,” the insurance must be replaced, on or before the renewal date of the policy, with insurance that meets the requirements above. Bidders and Contractors shall deliver to OGS evidence of the insurance required by this Solicitation and any Contract resulting from this Solicitation in a form satisfactory to OGS. Policies must be written in accordance with the requirements of the paragraphs below, as applicable. While acceptance of insurance documentation shall not be unreasonably withheld, conditioned or delayed, acceptance and/or approval by OGS does not, and shall not be construed to, relieve Bidders or Contractors of any obligations, responsibilities or liabilities under this Solicitation or any Contract resulting from this Solicitation. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the term of the Contract.

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 Xxxxxx Xxxxxx B Bid Evaluation Bid Opening C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 M Modification of Contract Terms 27 N No Hardstop/Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6767 GROUP 40625-22792 – Heavy Equipment (Statewide) Appendix C, Report of Contract Usage DO NOT ADD, REMOVE OR REARRANGE ANY COLUMNS OR ROWS. Please fill in the required supplier information below. Required Information Answer Supplier Name Supplier Award areas (lots and items) Address Line 1 Address Line 2 City State Zip Code Contact Name Email Address Phone Number Contract Number The chart below provided definitions for the columns listed in the data collection tabs. Please use this as a reference when populating these tabs. Column Definition Comment/Example Invoice # Invoice number Invoice Date Date of invoice PO # Purchase order number Contract # New York State contract number Agency/State Entity/Municipality New York State agency/entity or municipality Ex: Dept of Transpiration, Dept of Correctional Services, Rockland County, SUNY Buffalo Region/Facility/Location Name Region, facility, or location associated with the agency or entity Ex: DOT District 2, Adirondack Correctional Facility Manufacturer Name of manufacturer of vehicle Ex: Caterpillar, John Deere, Gradall Product Type Vehicle make Ex: Backhoe, Crawler Dozer, Motor Grader, etc. Model Vehicle model Ex: 930K, 321E, SR175 Model Year Model year of vehicle purchased Ex. 2012 Base Equipment Cost Contract price for equipment excluding any options Options List any options purchased for the equipment, please list all options in subsequent rows Net Options Cost Total net cost for options purchased Non-OEM Equipment List any non-OEM equipment installed Non-OEM Equipment Cost Total cost for any non-OEM equipment purchased Unit Price Price for entire piece of equipment including options Delivery Cost (Per Unit) Delivery cost per unit Extended Cost Total Cost Base Equipment Cost + Net Options Cost + Non-OEM Equipment Cost + Delivery Cost County Ship To County to which vehicle was delivered Ship To Street Address Ship To Street Address Ship To Zip Code Ship To Zip Code Spend Report Spreadsheet - Equipment Data DO NOT ADD, REMOVE OR REARRAGE ANY COLUMNS OR ROWS. Invoice # Invoice Date PO # Contract # State Agency/Entity Region/Facility/Location Name Manufacturer Product Type Model # Model Year Equipment Cost 1234 12/1/2012 7891011 PC12345 Office of General Services Albany Gradall Excavator XL 4210 III 2013 $ 22,400.00 Options Cost Delivery Cost Extended Cost Ship To Street Address Ship To County Ship To Zip Code $ 1,400.00 $ 23,800.00 0000 Xxxx Xxx 1 12242 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - GROUP 40625-22792 – Heavy Equipment (Statewide) Spend Report Spreadsheet - Option Data Contract Number Total Items Purchased Manufacturer Product Type Model # Model Year Option Code Option Description Quantity of Options Purchased Option Unit Price Total Option Price

I N D E X. Clause Clause Xxxxxx Xxxxxx A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 40 49 62 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Purchasing Card Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss for Products Other than Technology Products Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 25 7 13 61 31 10 35 12 47 65 30 15 18 65 36 11 48 38 44 27 52 14 33 60 41 42 8 43 17 19 34 50 54 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening 16 4 C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Publicity Contract Term - Renewal Extension Cooperation with Third Parties 20 4 70 7 48 24 57 56 66 6 45 22 21 23 53 D Debriefings Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 20 46 2 63 16 59 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 39 28 1 10 6 9 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 56 57 51 37 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 55 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 63 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6724 64 APPENDIX C Authorized users that may want to seek federal funds from the federal funding agencies for the purchase of goods or services during a declared disaster are advised that federal funding agencies require particular terms and conditions be included in the contract for those goods and services. For the convenience of authorized users, those terms and conditions are set out below and can also be found at the FEMA website. Authorized users of statewide contracts should consider adding this language to future purchase orders and secondary level competitions (often referred to as RFQs or mini- bids), unless the language is already attached to the statewide contract. State agencies making purchases to respond to disasters through a vehicle other than a centralized contract are required by Section H.6. of Budget Bulletin H-501R to include these and other terms into their contracts using the Appendix set forth in the Budget Bulletin. Federal Funding Agency Mandatory Terms and Conditions The following provisions are required by federal funding agencies in order for expenditures by Authorized Users to be eligible for federal reimbursement in the event of a State declaration of disaster emergency pursuant to Section 28 of the Executive Law.

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage B Bid Evaluation Bid Opening C Xxxxxx Xxxxxx P No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond 25 Prevailing Wage Rates - Public Works and Building Services Contracts 7 Pricing Purchasing Card 13 Product Acceptance 61 Product Delivery 31 Product References 10 Product Substitution Product Version 35 Products Manufactured in Public Institutions 12 Prompt Payments 47 Proof of License 65 Purchase Orders 30 Purchasing Card 15 Q Quantity Changes Prior to Award 18 R Rejected Product Re-Weighing Product 36 Remanufactured, Recycled, Recyclable Recyclable, or Recovered Materials 11 Remedies for Breach 48 Repaired or Replaced Products, Parts, or Components S Samples Savings00 X Xxxxxxx/Force Majeure Xxxxx Xxxxxxx 44 Scope Changes 27 Security 52 Site Inspection 14 Shipping/Receipt of Product 33 Software License Grant Source Code Escrow for Licensed Product 60 Subcontractors and Suppliers 41 Suspension of Work 42 T Taxes 8 Termination 43 Tie Bids 17 Timeframe for Offers 19 Title and Risk of Loss for Products Other than Technology Products 34 Toxic Substances 50 W Warranties 54 Weekend and Holiday Deliveries 32 No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening C 49 62 16 Changes to Product or Service Offerings 66 Confidential/Trade Secret Materials 6 Contract Invoicing 45 Contract Creation/Execution 22 Contract Publicity 21 Contract Term - Renewal Extension 23 Cooperation with Third Parties 53 D Debriefings 20 4 70 7 48 24 57 56 D Default - Authorized User 46 Definitions 2 Dispute Resolution Procedures Drawings 49 2 63 16 59 E Emergency Contracts 29 Employees, Subcontractors and Agents 39 Estimated/Specific Quantity Contracts 28 Ethics Compliance 1 Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 9 I Indemnification 56 Indemnification Relating to Infringement 57 Independent Contractor 51 Installation 37 International Bidding 60 61 54 39 3 L Late Bids Rejected 5 Legal Compliance 55 Limitation of Liability 5 59 62 58 M Modification of Contract Terms 27 26 N No Hardstop/Hardstop or Passive License Monitoring 71 63 O Official Use Only/No Personal Use 24 Ownership/Title to Project Deliverables 25 6764 Proposal ID Enterprise Agreement State and Local Custom Program Agreement Terms and Conditions This Microsoft Enterprise Agreement (“Agreement”) is entered into between the entities identified on the signature form.

I N D E X. Clause Clause A Advertising Results Assignment Assignment of Claim Audit of Licensed Product Usage No. 11 42 52 66 P Participation in Centralized Contracts Performance/Bid Bond Prevailing Wage Rates - Public Works and Building Services Contracts Pricing Purchasing Card Product Acceptance Product Delivery Product References Product Substitution Product Version Products Manufactured in Public Institutions Prompt Payments Proof of License Purchase Orders Q Quantity Changes Prior to Award R Rejected Product Re-Weighing Product Remanufactured, Recycled, Recyclable or Recovered Materials Remedies for Breach Repaired or Replaced Products, Parts, or Components S Samples Savings/Force Majeure Scope Changes Security Site Inspection Shipping/Receipt of Product Software License Grant Source Code Escrow for Licensed Product Subcontractors and Suppliers Suspension of Work T Taxes Termination Tie Bids Timeframe for Offers Title and Risk of Loss Toxic Substances W Warranties Weekend and Holiday Deliveries No. 26 44 8 15 18 65 32 12 37 69 14 50 68 31 22 38 36 13 51 40 19 47 28 55 17 34 64 72 43 45 9 46 21 23 35 53 58 33 B Bid Evaluation Bid Opening C Changes to Product or Service Offerings Confidential/Trade Secret Materials Contract Invoicing Contract Creation/Execution Contract Term - Renewal Cooperation with Third Parties 20 4 70 7 48 24 57 56 D Default - Authorized User Definitions Dispute Resolution Procedures Drawings 49 2 63 16 E Emergency Contracts Employees, Subcontractors and Agents Estimated/Specific Quantity Contracts Ethics Compliance Expenses Prior to Contract Execution Extraneous Terms 30 41 29 1 10 6 I Indemnification Indemnification Relating to Infringement Independent Contractor Installation International Bidding 60 61 54 39 3 L Late Bids Rejected Legal Compliance Limitation of Liability 5 59 62 M Modification of Contract Terms 27 N No Hardstop/Passive License Monitoring 71 O Official Use Only/No Personal Use Ownership/Title to Project Deliverables 25 6767 GROUP 40625-22792 – Heavy Equipment (Statewide)‌ Appendix C, Report of Contract Usage DO NOT ADD, REMOVE OR REARRANGE ANY COLUMNS OR ROWS. Please fill in the required supplier information below. Required Information Answer Contractor Name Contract Award areas (lots and items) Xxxxxxx Xxxx 0 Xxxxxxx Xxxx 0 Xxxx Xxxxx Xxx Code Contract Contact Name Email Address Phone Number Contract Number GROUP 40625-22792 – Heavy Equipment (Statewide) The chart below provides definitions for the columns listed in the data collection tabs. Please use this as a reference when populating these tabs. Column Definition Comment/Example Invoice Date Date of invoice Contract # New York State contract number Agency/State Entity/Municipality New York State agency/entity or municipality Ex: Dept of Transpiration, Dept of Correctional Services, Rockland County, SUNY Buffalo Region/Facility/Location Name Region, facility, or location associated with the agency or entity Ex: DOT District 2, Adirondack Correctional Facility Manufacturer Name of manufacturer of vehicle Ex: Caterpillar, Xxxx Deere, Gradall Product Type Vehicle make Ex: Backhoe, Crawler Dozer, Motor Grader, etc. Model Vehicle model Ex: 930K, 321E, SR175 Equipment Cost Contract price for equipment excluding any options Extended Cost Total Cost Base Equipment Cost + Net Options Cost + Non-OEM Equipment Cost + Delivery Cost Ship To Street Address Ship To Street Address Ship To Zip Code Ship To Zip Code GROUP 40625-22792 – Heavy Equipment (Statewide) DO NOT ADD, REMOVE OR REARRANGE ANY COLUMNS OR ROWS. Invoice Date Contract # State Agency/Entity Region/Facility/Location Name Manufacturer Product Type Model # Equipment Cost Extended Cost Ship To Street Address Ship To Zip Code