SUBSTITUTION OF ITEMS. Substitute brands or models may be considered during the contract period for discontinued products only. The vendor shall not deliver any substitute item as a replacement to an awarded brand without express written consent of the client and the Internal Services Department, Procurement Management Division prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitution requests for other than discontinued products may be cause to cancel the order, seek the items from another vendor, and charge the vendor for any re-procurement costs. ROADMAP CONTRACT NO. FB-00634 The vendor shall make deliveries within five (5) calendar days after the date of the order, unless otherwise specified by the County representative. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that the County can appropriately consider a revised delivery schedule.
SUBSTITUTION OF ITEMS. Substitute brands or models may be considered during the contract period for discontinued products only. The vendor shall not deliver any substitute item as a replacement to an awarded brand without express written consent of the client and the Internal Services Department, Procurement Management Division prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitution requests for other than discontinued products may be cause to cancel the order, seek the items from another vendor, and charge the vendor for any re-procurement costs.
SUBSTITUTION OF ITEMS. LESSEE ASSIGNMENT AND SUBLEASE 6 XII. INSPECTION AND MARKING . .
SUBSTITUTION OF ITEMS. Provided that no Material Lease Default shall have occurred and be continuing, at Lessee's expense, Lessee may at any time substitute a comparable Item of the Equipment for any Item (a "Substituted Item") in accordance with the terms of this Section. On a quarterly basis, Lessee shall notify Lessor of all substitutions made during the preceding quarter. At such time as the aggregate original Capitalized Lessor's Cost of all Substituted Items (other than Items replaced pursuant to Section XIII(a) hereof) exceeds twenty percent (20%) of the aggregate original Capitalized Lessor's Cost of all Equipment leased hereunder, Lessee's option to substitute additional Items shall be subject to Lessor's prior written consent (which consent shall not unreasonably be withheld). If Lessee shall elect to substitute an Item of the Equipment pursuant hereto, Lessee shall, at its sole cost and expense, convey to Lessor a comparable item of equipment (a "Replacement Item"), free and clear of all liens other than Permitted Liens, that has at least the value, utility and remaining useful life and is in as good operating condition as the Substituted Item, assuming that the Substituted Item had been maintained in accordance with this Agreement. In addition, Lessee shall pay to the Servicing Agent an administrative fee of Three Thousand Dollars ($3,000.00) per notice of substitution (provided, however, that such administrative fee shall not exceed Twelve Thousand Dollars ($12,000.00) per calendar year), and Lessee shall execute and deliver to Lessor such documents and instruments as reasonably may be required by Lessor in connection with such replacement, including (without limitation) Uniform Commercial Code financing statements to be filed at Lessee's expense. Upon compliance by Lessee with the terms of the two (2) preceding sentences, Lessor will transfer to Lessee, on an AS IS BASIS (as hereinafter defined) all of Lessor's interest in and to in such Substituted Item. Lessor shall not be required to make and may specifically disclaim any representation or warranty as to the condition of such Substituted Item and other matters (except that Lessor shall warrant that it has conveyed whatever interest it received in the Substituted Item free and clear of any liens or encumbrances created by, through or under Lessor). Lessor shall execute and deliver to Lessee such Uniform Commercial Code Statements of Termination as reasonably may be required in order to terminate any interest of L...
SUBSTITUTION OF ITEMS. During the term of any ensuing contract pursuant to this Bid, the awarded bidder/contractor may have a need to provide alternate Man ufacturer Brand/Style/Items other than those offered in the Bidder’s Bid Price page. Prior to the provision of any alternate however, the contractor must notify DAS in writing and obtain written p xxxx s si on fro m DAS Office of Procurement Services for use of the alternate. DAS may req uire samples prior to the approval of any alternate item(s). Failure to comply with this clause may be determined to be default of the contract.
SUBSTITUTION OF ITEMS. No substitutions allowed. Should a product or service be discontinued or otherwise no longer available, Contractor shall notify the District immediately. TERMINATION DUE TO UNAVAILABILITY OF FUNDS: Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial contract term.
SUBSTITUTION OF ITEMS. During the term of any ensuing contract in the event of the discontinuance of an item offered in this Bid/Contract, the awarded Bidder/Contractor may provide alternate Manufacturer Brand/Style/Items other than those indicated in the Contract Item Specifications or on the Bid/Contract Price page. Prior to the provision of any alternate however, the Contractor must notify and obtain written permission for the substitution from the state of Ohio DAS Office of Procurement Services. DAS may require samples prior to the approval of any alternate or substitute item(s). Unauthorized substitutions shall be considered a default of the Contract and may result in suspension or termination of the contract. Requests for item substitutions shall be made to: the Office of Procurement Services, 0000 Xxxxxxx Xxxx, Xxxxxxxx, XX 00000-0000, Attn: Xxxx Xxxxxxxxx, xxxxxx.xxxxxxxxx@xxx.xxxxx.xx.xx SWEATSHOP FREE: By the signature affixed to this ITB, Bidder certifies that all facilities used for the production of the supplies or performance of services offered in the bid are in compliance with applicable domestic labor, employment, health and safety, environmental and building laws. This certification applies to any and all suppliers and/or subcontractors used by the Bidder in furnishing the supplies or services described in the bid and awarded to the Bidder. If DAS receives a complaint alleging non-compliance with sweatshop free requirements, DAS may enlist the services of an independent monitor to investigate allegations of such non-compliance on the part of the Contractor, any sub-contractors or suppliers used by the Contractor in performance of the Contract. If allegations are proven to be accurate, the Contractor will be advised by DAS of the next course of action to resolve the complaint and the Contractor will be responsible for any costs associated with the investigation. Items that will be considered in an investigation include, but are not limited to standards for wages, occupational safety and work hours.
