EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only. Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre-printed form; and
b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Solicitation, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only. Only those extraneous terms that met all the requirements of the Solicitation section 2.2 and Attachment 4 may be considered as having been submitted for consideration by OGS. No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract unless submitted in accordance with the above and the Commissioner or her designee expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-responsive and may result in rejection. Only those extraneous terms which meet all the following requirements will be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, counter- offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre- printed form; and
b. The writing must identify the particular specification requirement (if any) which Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. Extraneous term(s) submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents), whether or not deemed “material”, which are attached or referenced with submissions and which do not meet the above requirements will not be considered part of the bid or resulting Contract, but rather will be deemed to have been included for informational or promotional purposes only. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s) or a waiver of the State's rights set forth above.
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only. Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be
b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid nonresponsive and may result in rejection of the Bid. Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: Product and Services literature,
a. Each proposed extraneous term (addition, deletion,
b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore.
EXTRANEOUS TERMS. Bidders were required by the RFP to submit Bids conforming to the terms set forth therein, and were notified by the RFP that extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) might render the Bid non-responsive and result in rejection of the Bid. For this Contract, unless ITS has agreed in writing otherwise, extraneous terms that the Bidder submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that were attached or referenced with Bid submissions are not part of this Contract, but deemed included for informational or promotional purposes only. Proposed extraneous term were required by the RFP to: have been specifically enumerated in writing by the Contractor; to have specified the particular RFP section that Contractor had proposed to modify and the reasons why the change would be in the best interest of the State; to have been submitted during the Question and Answer period during the RFP's Calendar of Events Question and Answer time period using the "Vendor Questions and Extraneous Terms Form" attached to the RFP; and to have been expressly accepted by ITS in writing. During the course of this Contract, any Transaction Documents designed to effectuate terms of the Contract such as statements of work, letter agreements, project change requests, or other such documents must either include or are deemed to include the phrase that the base Contract itself has precedence over any other terms. Any such Transaction Documents must be self-contained, complete in and of themselves (i.e. any referenced text must be included within the four corners of the document) and not contain hyperlinks to Internet sites or to other license or other terms, or pointers to other documents. ITS has the right to reject all or parts of any added terms during the course of the Contract. Regardless of any other provision or other license or service terms which may be issued by Contractor or its Subcontractor(s) after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink- wrap), the terms and conditions set forth in this Contract shall supersede and govern the terms between ITS and Cont...
EXTRANEOUS TERMS. Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the Bid non-responsive and may result in rejection of the Bid. Except as otherwise required in this Contract , extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only. Only those extraneous terms that meet all the following requirements may be considered as having been submitted as part of the Bid:
a. Each proposed extraneous term (addition, deletion, counter-offer, deviation, or modification) must be specifically enumerated in a writing which is not part of a pre-printed form; and
b. The writing must identify the particular specification requirement (if any) that Bidder rejects or proposes to modify by inclusion of the extraneous term; and
c. The Bidder shall enumerate the proposed addition, counter offer, modification or deviation from the Bid Document, and the reasons therefore. No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless submitted in accordance with the above and the Commissioner or Authorized User expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).
C. Section 40 (Modification of Contract Terms) is deleted and replaced with the following:
EXTRANEOUS TERMS. Confidential/Trade Secret Materials 16. Prevailing Wage Rates 17. Taxes
EXTRANEOUS TERMS. During the course of this Contract, any transactional documents designed to effectuate terms of the Contract such as statements of work, letter agreements, project change requests, or other such documents must either include or are deemed to include the phrase that the base Contract itself has precedence over any other terms. Any such transactional documents must be self-contained, complete in and of themselves (i.e. any referenced text must be included within the four corners of the document) and not contain hyperlinks to Internet sites or to other license or other terms, or pointers to other documents. ITS has the right to reject all or parts of any added terms during the course of the Contract. Regardless of any other provision or other license or service terms which may be issued by Contractor or its Subcontractor(s) after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink- wrap), the terms and conditions set forth in this Contract shall supersede and govern the terms between ITS and Contractor, and those additional Contractor terms to which ITS has not expressly agreed shall be a nullity. Similarly, any Contractor terms proposed during the course of this Contract that purport to allow Contractor to change its contractual terms and conditions without approval by ITS are likewise a nullity.
EXTRANEOUS TERMS. Bidders were required by the RFP to submit responses conforming to the terms set forth therein, and were notified by the RFP that extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) might render their response non-responsive and result in rejection of the response. For the Contract, unless ITS has agreed in writing otherwise, extraneous terms that the Bidder submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that were attached or referenced with responses are not part of the Contract, but deemed included for informational or promotional purposes only. Proposed extraneous term were required by the RFP to: have been specifically enumerated in writing by the Contractor; to have specified the particular RFP section that Contractor had proposed to modify and the reasons why the change would be in the best interest of the State; to have been submitted during the Question and Answer period during the RFP's Calendar of Events Question and Answer time period using the "Vendor Questions and Extraneous Terms Form" attached to the RFP; and to have been expressly accepted by ITS in writing.
