Common use of MODIFICATION OF CONTRACT TERMS Clause in Contracts

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 only upon mutual written agreement of the Commissioner and Contractor. Notwithstanding the foregoingFor individual orders, however, the Contractor may offer an Authorized User for a particular mini-bid procurement: (1User(s) better and more advantageous pricing; (2) better , payment, or other terms and more advantageous payment terms; or (3) better and more advantageous delivery termsconditions than those set forth in the Contract. In such event, and the Authorized User may accept such terms without OGS approval. If the Authorized User accepts such terms, the Authorized User Contractor shall furnish a copy of such terms better offer to OGS for informational purposes at the time of issuance of the Authorized User’s tentative award notificationCommissioner upon request. 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)) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made Contractor may not unilaterally modify the terms of the Contract by unilaterally affixing such additional terms to Product upon delivery (including, but not limited toe.g., attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documentsaffixed to Product) or by incorporating such terms onto Contractor’s order forms, purchase orders or fiscal forms or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance . Acceptance of Product, Product or that Authorized User has subsequently processed processing of such document documentation on forms furnished by the Contractor for approval or paymentpayment does not constitute acceptance of the proposed modification to terms and conditions.

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 may, however, offer an Authorized User for a particular mini-bid RFQ 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. Additional terms and conditions relating to areas other than pricing, payment or delivery may be allowed as part of Contractor’s response to an Authorized User RFQ/SOW and incorporated into the Authorized User Agreement provided that all of the following conditions are met: 1) The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ/SOW; and 2) Such terms and conditions do not contradict or violate any of the terms and conditions of the Contract, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and 3) Such terms place no additional liability or responsibility on the Authorized User or State; and 4) The Authorized User accepts such additional terms and conditions.

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 only upon mutual written agreement of the Commissioner and Contractor. Notwithstanding the foregoingFor individual orders, however, the Contractor may offer an Authorized User for a particular mini-bid procurement: (1User(s) better and more advantageous pricing; (2) better , payment, or other terms and more advantageous payment terms; or (3) better and more advantageous delivery termsconditions than those set forth in the Contract. In such event, and the Authorized User may accept such terms without OGS approval. If the Authorized User accepts such terms, the Authorized User Contractor shall furnish a copy of such terms better offer to OGS for informational purposes at the time of issuance of the Authorized User’s tentative award notificationCommissioner upon request. 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)) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made Contractor may not unilaterally modify the terms of the Contract by unilaterally affixing such additional terms to Product upon delivery (including, but not limited toe.g., attachment or inclusion of standard pre-pre- printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documentsaffixed to Product) or by incorporating such terms onto Contractor’s order forms, purchase orders or fiscal forms or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance . Acceptance of Product, Product or that Authorized User has subsequently processed processing of such document documentation on forms furnished by the Contractor for approval or paymentpayment does not constitute acceptance of the proposed modification to terms and conditions.

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 only upon mutual written agreement of the Commissioner and Contractor. Notwithstanding the foregoingFor individual orders, however, the Contractor may offer an Authorized User for a particular mini-bid procurement: (1User(s) better and more advantageous pricing; (2) better , payment, or other terms and more advantageous payment terms; or (3) better and more advantageous delivery termsconditions than those set forth in the Contract. In such event, and the Authorized User may accept such terms without OGS approval. If the Authorized User accepts such terms, the Authorized User Contractor shall furnish a copy of such terms better offer to OGS for informational purposes at the time of issuance of the Authorized User’s tentative award notificationCommissioner upon request. 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)) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made Contractor may not unilaterally modify the terms of the contract by unilaterally affixing such additional terms to Product upon delivery (including, but not limited toe.g., attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documentsaffixed to Product) or by incorporating such terms onto Contractor’s order or fiscal forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance . Acceptance of Product, Product or that Authorized User has subsequently processed processing of such document documentation on forms furnished by the Contractor for approval or paymentpayment does not constitute acceptance of the proposed modification to terms and conditions.