Common use of Limitation of Vendor Indemnification and Similar Clause in Contracts

Limitation of Vendor Indemnification and Similar. Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree

Appears in 1205 contracts

Samples: Vendor Agreement, Vendor Agreement, Vendor Agreement

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Limitation of Vendor Indemnification and Similar. Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I AgreeAgree (Yes)

Appears in 2 contracts

Samples: Supplemental Contract, Supplemental Contract

Limitation of Vendor Indemnification and Similar. Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) Consti except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 Sect of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney At General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. sense Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated liqu damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or dele qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I AgreeAgree (Yes)

Appears in 1 contract

Samples: Vendor Agreement

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Limitation of Vendor Indemnification and Similar. Clauses This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the t State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Tex Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent compete jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the t State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a create "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS TI to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable applica statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State St of Texas." Does Vendor agree? Yes, I AgreeAgree (Yes)

Appears in 1 contract

Samples: Vendor Agreement

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