Common use of Unauthorized Obligations Clause in Contracts

Unauthorized Obligations. (a) When any supply or service acquired under this License Agreement, as modified by this Addendum, is subject to any commercial supplier agreement (as defined in 48 C.F.R. § 502.101) that includes any language, provision, or clause requiring the SAA to pay any future fees, penalties, interest, attorney fees, legal costs or to indemnify the contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. § 1341(a), the following shall govern: (1) Any such language, provision, or clause is unenforceable against the SAA. (2) No end-user authorized by the SAA or Senate shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the SAA or any SAA authorized end-user to such clause. (3) Any such language, provision, or clause is deemed stricken from the commercial supplier agreement.

Appears in 3 contracts

Samples: Commercial License Agreement, Commercial License Agreement, Commercial License Agreement

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Unauthorized Obligations. (a) When any supply or service acquired under this License Agreement, as modified by this Addendum, is subject to any commercial supplier agreement (as defined in 48 C.F.R. § 502.101) that includes any language, provision, or clause requiring the SAA to pay any future fees, penalties, interest, attorney fees, legal costs or to indemnify the contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. § 1341(a), the following shall govern: (1) Any such language, provision, or clause is unenforceable against the SAA. (2) No end-end user authorized by the SAA or Senate shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the SAA or any SAA authorized end-end user to such clause. (3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

Appears in 1 contract

Samples: Addendum

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Unauthorized Obligations. (a) When any supply or service acquired under this License Agreement, as modified by this Addendum, is subject to any commercial supplier agreement (as defined in 48 C.F.R. § 502.101) that includes any language, provision, or clause requiring the SAA to pay any future fees, penalties, interest, attorney fees, legal costs or to indemnify the contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. § 1341(a), the following shall govern: (1) Any such language, provision, or clause is unenforceable against the SAA. (2) No end-end user authorized by the SAA or Senate shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the SAA or any SAA authorized end-end user to such clause. (3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

Appears in 1 contract

Samples: Addendum

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