Common use of Vendor Responsibility Clause in Contracts

Vendor Responsibility. The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Contract. Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her designee to be non-responsible. In such event, the Commissioner of OGS or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

Vendor Responsibility. The Contractor shall at all times during the Contract term of this Agreement remain responsibleresponsible under the New York State Finance Law. The Contractor agrees, if requested by the Commissioner of OGS General Services (the Commissioner) or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The Commissioner of OGS or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this ContractAgreement, and the head of a State agency, or his or her designee, reserves the right to suspend any services entered into by that agency, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will shall be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity Activity under this Agreement may resume at such time as the Commissioner Commissioner, the head of OGS a State agency, or her their designee issues a written notice authorizing a resumption of performance under the Contractthis Agreement. Upon written notice to the Contractor, Contractor and a reasonable opportunity to be heard with appropriate OGS State officials or staff, the Contract may be terminated by (i) the Commissioner of OGS or his or her designee may terminate this Agreement, and (ii) the head of a State agency or his or her designee may terminate services entered into by that agency, at the Contractor’s expense where the Contractor is determined by the Commissioner Commissioner, the head of OGS a State agency, or her their designee to be non-responsible. In such event, the Commissioner Commissioner, the head of OGS a State agency, or her their designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. In no case shall such termination of the Contract this Agreement by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which otherwise that may be sustained by the Contractor as a result of such termination.