APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows:
A. Section 4 (Conflict of Terms) is deleted and replaced with the following language: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence:
1. Appendix A, Standard Clauses for New York State Contracts;
2. The resulting Contract;
3. Appendix B, General Specifications; and
4. Other Appendices and Attachments as deemed necessary.
APPENDIX B AMENDMENTS. A. Appendix B, § 64, is hereby deleted and replaced with the following: DISPUTE RESOLUTION PROCEDURES
APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby modified for the purposes of this Piggyback Contract.
I. The following sections of Appendix B are hereby deleted: 3 (International Bidding), 4 (Bid Opening), 5 (Late Bids Rejected), 10 (Product References), 14 (Site Inspection), 17 (Tie Bids), 18 (Quantity Changes Prior To Award), and 19 (Timeframe for Offers).
II. Appendix B, Section 31, Product Delivery, has been modified in accordance with Section 17, Product Delivery, below.
APPENDIX B AMENDMENTS. Appendix B is hereby amended as follows:
1. Section 64 (Disputes) is hereby deleted and replaced with the following:
APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby modified for the purposes of this Participating Addendum.
I. The following sections of Appendix B are hereby deleted: 3 (International Bidding), 4 (Bid Opening), 5 (Late Bids), 10 (Product References), 14 (Site Inspection), 17 (Tie Bids), 18 (Quantity Changes Prior To Award), and 19 (Timeframe for Offers).
APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows:
A. Section 4 (Conflict of Terms) is deleted and replaced with the following language: Conflict of Terms and Conditions. The following shall be incorporated into the resulting Contract. Other documents may be identified for inclusion during the course of the IFB process. Conflicts among the documents shall be resolved in the following order of precedence:
1. Appendix A, Standard Clauses for New York State Contracts;
2. The resulting Contract (this document);
3. Appendix B, General Specifications; and
4. Appendix D, Price Pages 5. Other Appendices and attachments as deemed necessary.
B. Section 27 (Procurement Card) is deleted and replaced with the following language: Procurement Card. The State has entered into an agreement for purchasing card services. The Purchasing Card enables Authorized Users to make authorized purchases directly from a Contractor without processing a Purchase Order or Purchase Authorization. Purchasing Cards are issued to selected employees authorized to purchase for the Authorized User and having direct contact with Contractors. Contractor shall accept the Purchasing Card for purchases under this Contract. The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased products have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty Product in accordance with other Contract requirements, the Contractor shall immediately credit a cardholder’s account for products returned as defective or faulty.
C. Section 62 (Contract Xxxxxxxx) is deleted and replaced with the following:
x. Xxxxxxxx. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate. Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the xxxxxxxx. Such...
APPENDIX B AMENDMENTS. As a condition precedent to the use of the Contract by an Authorized User, the Authorized User shall agree to the following requirements: Authorized User agrees to comply with and be bound by, and to cause any third-party who provides Authorized User with services related to payment processing or facilitates Authorized User’s ability to accept credit cards online/offline Debit Cards, ACH payment services (e.g., eCheck, ACH debit, ACH credit), and other future forms of electronic payment processing services and who is not a party to this Contract to comply with and be bound by, the rules and regulations of Visa, MasterCard, Discover and any other Card Association or network organization related to cardholder and transaction information security, including without limitation, all rules and regulations imposed by the Payment Card Industry (PCI) Security Standards Council including without limitation the PCI Data Security Standard, Visa’s Cardholder Information Security Program, MasterCard’s Site Data Protection Program, and Payment Application Best Practices. Authorized User agrees to cooperate with a request for an audit or investigation by Contractor, bank, Payment Processor, Card Association or network organization in connection with cardholder and transaction information security. Contractor shall have the right to periodically audit, no more than annually, at Contractor’s expense, PCI compliance of the Authorized User providing: (i) Contractor gives Authorized User at least thirty (30) days advance written notice, (ii) such audit is conducted during such party’s normal business hours, (iii) the audit is conducted by an independent auditor chosen on mutual agreement of the parties. Without limiting the generality of the foregoing, Authorized User agrees that it will use information obtained from a cardholder in connection with a card transaction solely for the purpose of processing a transaction with that cardholder or attempting to re-present a chargeback with respect to such transaction.
APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby amended as follows:
APPENDIX B AMENDMENTS. The following Appendix B clauses are hereby modified for the purposes of this Contract.
I. The following sections of Appendix B are hereby deleted: 3 (International Bidding), 4 (Bid Opening), 5 (Late Bids Rejected), 10 (Product References), 14 (Site Inspection), 17 (Tie Bids), 18 (Quantity Changes Prior To Award), and 19 (Timeframe for Offers).
II. Appendix B, Section 31, Product Delivery, has been modified in accordance with Section 17, Product Delivery, below.
APPENDIX B AMENDMENTS. A. The following sections of Appendix B are hereby deleted: 3 (International Bidding), 4 (Bid Opening), 5 (Late Bids Rejected), 6 (Extraneous Terms), 12 (Product References), 17 (Site Inspections), 19 (Samples), 21 (Tie Bids), 22 (Quantity Changes Prior to Award) and 23 (Timeframe for Offers).
B. Appendix B, § 60, Indemnification, is deleted and replaced with the following:
