Negotiated Language. The Commonwealth may, at any time by written order, make changes within the general scope of the contract. No changes in scope are to be conducted except at the approval of the Commonwealth. A change in scope may result in a negotiation of additional Vendor licensing terms and conditions depending upon the change in scope and both parties agree to mutually negotiate, finalize and include any such applicable terms under the contract.
Negotiated Language. The contractor shall comply with the provisions of the Privacy Act of 1974 and instruct its employees to use the same degree of care as it uses with its own data to keep confidential information concerning client data, the business of the Commonwealth, its financial affairs, its relations with its citizens and its employees, as well as any other information which may be specifically classified as confidential by the Commonwealth in writing to the contractor. The contractor will comply with Federal and State Regulations and Statutes related to confidentiality applicable to the contractor in its provision of the services or products provided under this Contract. The contractor shall have an appropriate agreement with its employees, and any subcontractor employees, to that effect, provided however, that the foregoing will not apply to:
Negotiated Language. The Commonwealth will make payment within thirty (30) working days of receipt of contractor's invoice or of acceptance of goods and/or services in accordance with KRS 45.453 and KRS 45.454. Payments are predicated upon successful completion and acceptance of the described work, services, supplies, or commodities, and delivery of the required documentation. Invoices for payment shall be submitted to the agency contact person or his representative. For purposes of this Agreement and for the avoidance of doubt, acceptance shall be deemed to have occurred upon delivery and title shall pass upon delivery.
Negotiated Language. The contractor shall be responsible for the proper custody and care of any Commonwealth-owned property furnished for contractor's use in connections with the performance of this contract. The contractor shall reimburse the Commonwealth for its loss or damage, normal wear and tear excepted to the extent that any such losses or damages can be attributed to Contractor's negligence and any actual losses or damages will be limited to the overall limitation liability as provided within the Contract.
Negotiated Language. This Contract shall be on the basis of a firm fixed percentage discount off MSRP per section IV Pricing below.
Negotiated Language. To the extent possible under Kentucky Law, Software provided by the vendor to the Commonwealth should contain a provision for perpetual licensing with all upgrade options. All software provided under this Contract shall be subject to Vendor's standard licensing terms and conditions accessible at: xxxxx://xxx.xxxxx.xxx/c/en/us/about/legal/cloud-and- software/end_user_license_agreement.html and any applicable Supplemental End User Licensing Agreements accessible at: xxxxx://xxx.xxxxx.xxx/c/en/us/about/legal/cloud- and-software/software-terms.html
Negotiated Language. The Commonwealth’s acceptance of the contractor’s offer in response to the Solicitation RFP 758 2000000310, indicated by the issuance of a contract award by the Office of Procurement Services, shall create a valid contract between the Parties consisting of the following:
Negotiated Language. This Contract shall be on the basis of the minimum, guaranteed percentage discount(s) off Cisco's then-current Global Pricelist as set forth in Section IV for the elements listed in this Contract.
Negotiated Language. The contractor shall report to the Commonwealth promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge. The Commonwealth agrees to notify the contractor promptly, in writing, of any such claim, suit or proceeding, and at the contractor's expense give the contractor proper and full information needed to settle and/or defend any such claim, suit or proceeding. If, in the contractor's opinion, the equipment, materials, or information mentioned in the paragraphs above is likely to or does become the subject of a claim or infringement of a United States patent or copyright, then without diminishing the contractor's obligation to satisfy any final award, the contractor may, with the Commonwealth's written consent, substitute other equally suitable equipment, materials, and information, or at the contractor's options and expense, obtain the right for the Commonwealth to continue the use of such equipment, materials, and information. The Commonwealth agrees that the contractor has the right to defend, or at its option, to settle and the contractor agrees to defend at its own expense, or at its option to settle, any claim, suit or proceeding brought against the Commonwealth on the issue of infringement of any United States patent or copyright or any product, or any part thereof, supplied by the contractor to the Commonwealth under this agreement. The contractor agrees to pay any final judgment entered against the Commonwealth on such issue in any suit or proceeding defended by the contractor. If principles of governmental or public law are involved, the Commonwealth may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of the contractor without the contractor's written consent. The contractor shall have no liability for any infringement based upon:
Negotiated Language. The liability of the Commonwealth related to contractual damages is set forth in KRS 45A.245.
