MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (this document), including:
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement is inclusive of the following documents. Only the documents expressly mentioned below are part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (this document), including Appendices B through H: o Appendix B – Proposer and Contractor Compliance Requirements and Procedures for Participation by Minority Group Members and Women With Respect to OSC Contracts; o Appendix C – OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; o Appendix D – OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; o Appendix E – Contractor’s Certifications/Acknowledgements; o Appendix F – Disclosure of Prior Non-Responsibility Determinations; o Appendix G – OSC Consultant Disclosure Reporting Requirements; and
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein:
1. Appendix A - Standard Clauses for NYS Contracts;
2. Agreement - (this document), including: • Appendix B - Forms AC 3239-A, Contractor's EEO Staffing Plan of Anticipated Workforce and AC 3239-B, Contractor's/Subcontractor's EEO Workforce Utilization Report; • Appendix C - OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; • Appendix D - OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; • Appendix E - Contractor's Certification/Acknowledgements; and • Appendix F - Disclosure of Prior Non-Responsibility Determinations;
3. Exhibits, including: • Exhibit A - the New York State Contract Reporter advertisement dated July 20, 2018; and • Exhibit B - Contractor's response to New York State Contract Reporter Advertisement dated July 20, 2018.
4. Attachments, including: • Attachment A - Description of Current Licensed Programs; • Attachment B - Monthly License Charges effective October 1, 2018; • Attachment C.1 - Monthly License Charges effective April 1, 2019; • Attachment C.2 - Monthly License Charges effective April 1, 2020; • Attachment D - Attachment for IBM System z Advance Entry Workload License Charges; • Attachment E - IBM Data Processing Addendum; • Attachment F.1 - IBM Privacy Statement (effective as of May 2018); • Attachment F.2 - IBM Online Privacy Statement (effective as of May 2018); • Attachment G - IBM Client Relationship Agreement; • Attachment H - IBM Software Licensed under the ICA - Backup Use Defined; and • Attachment I - IBM Global Employment Verification Standard. Conflicts between these documents shall be resolved in the following descending order of precedence, regardless of any language, express or implied, to the contrary, in Attachments A through and including I:
1. Appendix A - Standard Clauses for NYS Contracts;
2. This Agreement (This Document), including Appendices B through and including F;
3. Exhibits A through and including B; and
4. Attachments A through and including I. Only documents expressly enumerated above shall be deemed a part of the Agreement, and references contained in IBM documents to additional documents not set forth herein shall be of no force and effect. The IBM documents in Attachments D through and including I are only applicable to the Programs and Services provided under this Agreement and may not be used or relied upon by IBM f...
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement includes the following documents and appendices:
A. Appendix A – Standard Clauses for New York State Contracts;
B. Agreement – this document, including: o Appendix B – Forms AC 3239-A, Contractor’s EEO Staffing Plan of Anticipated Workforce and AC 3239-B, Contractor’s/Subcontractor’s EEO Workforce Utilization Report; o Appendix C – OSC Policy Statement on Discrimination and Harassment, Including Sexual Harassment; o Appendix D – OSC Executive Order on Procurement Integrity and OSC Procurement Integrity Procedures; o Appendix E – Contractor’s Certifications/Acknowledgements; o Appendix F – Disclosure of Prior Non-Responsibility Determinations; o Appendix G – OSC Consultant Disclosure Reporting Requirements;
C. Attachments, including: o Attachment 1 – Fee Schedule; and o Attachment 2 – Certifications. Conflicts between these documents will be resolved in the following descending order of precedence:
1. Appendix A – Standard Clauses for New York State Contracts;
2. This Agreement (this document), including Appendices B through and including G; and
3. Attachments 1 and 2.
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents. Only documents expressly mentioned below shall be deemed a part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (this document), including:
3. Exhibit A – The RFP number 20-08, including the Questions and Answers and any Addenda or Amendments; and
4. Exhibit B – The Proposal (Exhibits B1 – Technical Proposal, B2 – Cost Proposal, and B3 – Administrative Proposal), including any clarifications thereto.
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices set forth herein:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (this document), including:
3. Attachments, including: o Attachment A - Statement of Work; and o Attachment B - New York State Contract Reporter Ad. Conflicts between these documents shall be resolved in the following descending order of precedence:
1. Appendix A - Standard Clauses for New York State Contracts; and
2. This Agreement, including Appendices B through and including G; and
3. Attachments A and B.
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents and appendices which are set forth herein:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (this document), including: Office of the State Comptroller Bureau of Finance Contract Payment Xxxx 000 Xxxxx Xxxxxx, Xxxx 13-2 Albany, NY 12236-0001 Office of the State Comptroller CIO Procurement 000 Xxxxx Xxxxxx, Xxxx 0-0x Xxxxxx, XX 00000-0000 ATTENTION: CIO Procurement
MERGER OF DOCUMENTS/CONFLICT OF CLAUSES. This Agreement shall be deemed inclusive of the following documents. Only documents expressly mentioned below shall be deemed a part of this Agreement. Conflicts between these documents shall be resolved in the following order of precedence:
1. Appendix A – Standard Clauses for New York State Contracts;
2. Agreement – (This Document):
3. Exhibit A – RFP #20-11, including the Questions and Answers and any Addenda or Amendments;
4. Exhibit B – The Proposal (Exhibits B1 – Technical Proposal, B2 – Cost Proposal, and B3 – Administrative Proposal), including any clarifications thereto; and
5. Exhibit C – Annual Engagement Letter (draft to be proposed by Xxxxxxx, subject to review and approval by OSC; provided, however, that the annual engagement letter shall be substantially in accord with the terms of this Agreement).
