MODIFICATION OF CONTRACT TERMS. The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor. The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer. Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.
MODIFICATION OF CONTRACT TERMS. The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may be modified or amended only upon mutual written agreement of the Commissioner and Contractor. Notwithstanding the foregoing, the Contractor may offer an Authorized User for a particular mini-bid procurement: (1) better and more advantageous pricing; (2) better and more advantageous payment terms; or (3) better and more advantageous delivery terms, and the Authorized User may accept such terms without OGS approval. If the Authorized User accepts such terms, the Authorized User shall furnish a copy of such terms to OGS for informational purposes at the time of issuance of the Authorized User’s tentative award notification. Other than where such terms related to pricing, payment or delivery are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s). No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.
MODIFICATION OF CONTRACT TERMS. The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor.
MODIFICATION OF CONTRACT TERMS. The terms and conditions of the Contract shall not be modified, except by the written consent of both parties and with prior approval of the Executive County Superintendent, provided further that the consent of the Board must be reflected by resolution adopted at a public meeting.
MODIFICATION OF CONTRACT TERMS. In accordance with Appendix B, Modification of Contract Terms, the terms and conditions set forth in the Centralized Contract shall govern all transactions by Authorized Users. An Authorized User may add additional required terms and conditions to the Centralized Contract Mini-Bid RFP and resultant Power Purchase Agreement only if such terms and conditions (1) are more favorable to the Authorized User and (2) do not conflict with the Centralized Contract terms and conditions. Any validly executed Power Purchase Agreements entered into between an Authorized User and a Contractor or Contractor’s subsidiary, subcontractor or partner prior to the expiration of the Centralized Contract shall survive the expiration or termination of the Centralized Contract. All Mini-Bid protests will be decided by the Authorized User. It is the Authorized User’s responsibility to include instructions for the filing of protests, including the submittal address, in the Mini-Bid RFP.
MODIFICATION OF CONTRACT TERMS. The following guidelines and Appendix D, Contract Update Form, attached to this Contract are subject to change at the discretion of OGS.
MODIFICATION OF CONTRACT TERMS. 1. The terms and conditions set forth in the Contract shall govern all transactions by Authorized Users under this Contract. The Contract may be modified or amended only upon mutual written agreement of the Commissioner and Contractor. Notwithstanding the foregoing, Authorized Users recognize that the Card Organization Rules are periodically updated, and as a result, Contractor may periodically require Authorized Users to agree to updated terms and conditions.
2. Additional or Alternative Terms and Conditions in an Authorized User Agreement A Contractor can propose additional or alternative terms and conditions for a specific Authorized User transaction only in the Contractor’s response to an Authorized User quote. A Contractor cannot require an Authorized User to agree to additional or alternative terms and conditions as a condition to the Contractor submitting a response to an Authorized User quote. Additional or alternative terms and conditions may, in the discretion of the Authorized User, be allowed as part of a Contractor’s response to an Authorized User quote and incorporated into the Authorized User Agreement provided that all of the following conditions are met:
a. The Contractor identifies where such additional or alternative terms and conditions may be found in Contractor’s response to the Authorized User quote; and
b. The Authorized User determines that the inclusion of such additional or alternative terms and conditions results in a transaction which is, on an overall basis, more favorable to the Authorized User than if the transaction did not include such additional or alternative terms and conditions; and
c. The Authorized User accepts such additional or alternative terms and conditions.
3. Notwithstanding subparagraph 2 above, no additional or alternative term or condition shall be valid or binding on the Authorized User to the extent that such additional or alternative term or condition is less favorable to the Authorized User than, or conflicts with, any of the following provisions: All provisions of Appendix A (Standard Clauses for New York State Contracts), Appendix B Sections 43 (Termination), 56 (Indemnification), 57 (Indemnification Relating to Infringement, as revised by Section 3.7, Appendix B Amendments), and 58 (Limitation of Liability, as revised by Section 3.7, Appendix B Amendments), Section
MODIFICATION OF CONTRACT TERMS. At least thirty (30) days written notice is required for any modifications of contract terms including, but not limited to, rate and charge changes, responsibilities, services to be provided or any other items included in this contract. The thirty (30) days’ notice will not be required if you are the one requesting additional services not already included in the rate you pay pursuant to this contract.
MODIFICATION OF CONTRACT TERMS. PPA Survival Any validly executed Power Purchase Agreements entered into between an Authorized User and a Contractor or Contractor’s subsidiary, subcontractor or partner prior to the expiration of the Centralized Contract shall survive the expiration or termination of the Centralized Contract.
MODIFICATION OF CONTRACT TERMS. It is recognized by the parties hereto that, by virtue of the Bond Resolution, this contract cannot be amended, modified or otherwise altered by agreement of the parties in any manner that will impair or adversely affect the security afforded by the provisions of this contract for the purchase and sale of a portion of Xxxxx Project Output for the payment of the principal, interest and premium, if any, on Revenue Bonds as they respectively become payable, as long as any of the 1963 Bonds and Completion Bonds as defined in the First Bond Resolution are outstanding and unpaid or until provision is irrevocably made for the payment thereof.
