ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, regardless of whether the original of said contract is in existence. EXHIBIT D NYSERDA PROMPT PAYMENT POLICY STATEMENT
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. GENERAL SPECIFICATIONS APPENDIX B APPENDIX B GENERAL SPECIFICATIONS TABLE OF CONTENTS GENERAL PAGE 1. Ethics Compliance 1 2. Definitions 1 BID SUBMISSION 3. International Bidding 3 4. Bid Opening 3 5. Late Bids 3 6. Confidential/Trade Secret Materials 3 7. Prevailing Wage Rates - Public Works and Building Services Contracts 3 8. Taxes 4 9. Expenses Prior to Contract Execution 4 10. Product References 4 11. Remanufactured, Recycled, Recyclable, or Recovered Materials 4 12. Products Manufactured in Public Institutions 4 13. Pricing 4 14. Site Inspection 5 15. Purchasing Card 5 BID EVALUATION 16. Bid Evaluation 5 17. Tie Bids 5 18. Quantity Changes Prior to Award 5 19. Timeframe for Offers 5 20. Debriefings 5 21. Contract Publicity 5 TERMS & CONDITIONS 22. Contract Creation/Execution 6 23. Con...
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, regardless of whether the original of said contract is in existence. EXHIBIT B LETTER OF CREDIT FORM OF IRREVOCABLE STANDBY LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. DATE: , 20 BENEFICIARY: THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY 00 XXXXXXXX XXXXXX, XXXXXX, XXX XXXX 00000-0000 LADIES AND GENTLEMEN: BY THE ORDER OF: [SELLER] [SELLER’S ADDRESS] WE HEREBY ISSUE OUR IRREVOCABLE CREDIT NO: IN YOUR FAVOR FOR THE ACCOUNT OF (THE "SELLER") FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE [STATE IN WORDS] U.S. DOLLARS AVAILABLE BY YOUR DRAFTS AT SIGHT ON [INSERT NAME AND ADDRESS OF ISSUING BANK], NEW YORK, NEW YORK, USA, WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. THE FOLLOWING PROVISIONS SHALL APPLY ONLY TO THOSE CONTRACTS TO WHICH A HOSPITAL OR OTHER HEALTH SERVICE FACILITY IS A PARTY
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. Updated October 2019 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Grant Recipient acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, regardless of whether the original of said contract is in existence. EXHIBIT D NYSERDA PROMPT PAYMENT POLICY STATEMENT
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. October 2019 AC 3239-A (Page 1 of 3) APPENDIX B NEW YORK STATE OFFICE OF THE STATE COMPTROLLER CONTRACTOR’S EEO STAFFING PLAN OF ANTICIPATED WORKFORCE INSTRUCTIONS: Contractor must complete and submit this form as part of the Agreement.
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. APPENDIX B GENERAL SPECIFICATIONS TABLE OF CONTENTS GENERAL PAGE 1. Ethics Compliance 1 2. Definitions 1-2 BID SUBMISSION 3. International Bidding 2 4. Bid Opening 2 5. Bid Submission 2 6. Late Bids Rejected 2 7. Bid Contents 2-3 8. Extraneous Terms 3 9. Confidential/Trade Secret Materials 3 10. Prevailing Wage Rates - Public Works and Building Services Contracts 4 11. Taxes 4 12. Expenses Prior to Contract Execution 4 13. Advertising Results 4 14. Product References 5 15. Remanufactured, Recycled, Recyclable Or Recovered Materials 5 16. Products Manufactured in Public Institutions 5 17. Pricing 5 18. Drawings 5 19. Site Inspection 5 20. Procurement Card 5 21. Samples 5-6 BID EVALUATION 22. Bid Evaluation 6 23. Tie Bids 7 24. Quantity Changes Prior To Award 7 25. Timeframe for Offers 7 TERMS & CONDITIONS 26. Contract Creation/Execution 7 27. Participation in Centralized Contracts 6-7 28. Modification of Contract Terms 7 29. Scope Changes 7 30. Estimated/Specific Quantity Contracts 8 31. Emergency Contracts 8 32. Purchase Orders 8 33. Product Delivery 8 34. Weekend and Holiday Deliveries 8 35. Shipping/Receipt of Product 8 TERMS & CONDITIONS (CONT.) PAGE 36. Title and Risk of Loss 8 37. Re-Weighing Product 9 38. Product Substitution 9 39. Rejected Product 9 40. Installation 9 41. Repaired or Replaced Product/ Components 8-9 42. Employees/Subcontractors/Agents 9 43. Assignment 9 44. Subcontractors and Suppliers 9 45. Performance/Bid Bond 9 46. Suspension of Work 10 47. Termination 10 48. Savings/Force Majeure 10 49. Contract Invoicing 11 50. Default - Authorized User 11 51. Prompt Payments 11 52. Remedies for Breach 12 53. Assignment of Claim 12 54. Toxic Substances 12 55. Independent Contractor 12 56. Security 12 57. Cooperation with Third Parties 12 58. Contract Term - Renewal 12 59. Warranties 12-13 60. Legal Compliance 14 61. Indemnification 14 62. Indemnification Relating to Third Party Rights 13-14 63. Limitation of Liability 14 64. Disputes 15 THE FOLLOWING CLAUSES PERTAIN TO TE...
ADMISSIBILITY OF REPRODUCTION OF CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence. SCHEDULE I Unit Prices Refer to Section 4.04 of the Agreement for additional information. Work or Material Description Amount in Words Amount in Figures SCHEDULE II Allowance(s) Refer to Section 4.05 of the Agreement for additional information. The amount(s) indicated below shall be included in the Total Bid amount and their total indicated on the Proposal in the space provided. Work or Material Description Amount in Words Amount in Figures SCHEDULE III Field Order Allowance Refer to Section 4.05A of the Agreement for additional information. The amount indicated below shall be included in the Total Bid amount and indicated on the Proposal in the space provided.
