Contract Migration Clause Samples

Contract Migration. In the event the Consultant is awarded a NYS Centralized Contract for the same products or services, NYSDOT shall be permitted to migrate to that Centralized Contract effective with its commencement date. Such migration shall not operate to diminish, alter, or eliminate any right that the NYSDOT otherwise had under the terms and conditions of this Agreement. .

Contract Migration. State Agencies or any other authorized user holding individual contracts with contractors under this centralized contract shall be able to migrate to this contract award with the same contractor, effective on the contract begin date (retroactively, if applicable). Migration by an agency or any other authorized user to the centralized contract shall not operate to diminish, alter or extinguish any right that the agency or other authorized user otherwise had under the terms and conditions of their original contract. [ f ]

Contract Migration. Authorized Users holding an executed Purchase Order under an OGS Centralized Contract with a Contractor holding a Manufacturer Umbrella Contract for the same Product or service shall be permitted to migrate that Purchase Order to the Contractor’s Manufacturer Umbrella Contract, for the balance of the term of the Purchase Order provided that (i) the Purchase Order pricing is the same or lower than the Contractor’s Manufacturer Umbrella NYS Net Contract Price for the Product or service, and (ii) the migration is completed within 90 calendar days of the Contractor’s Manufacturer Umbrella Contract commencement date, or the effective date of a Contract Amendment adding this language to the Contractor’s Manufacturer Umbrella Contract, whichever is later. The Authorized User shall not be required to issue an RFQ to migrate such Products or services. Such migration shall not operate to diminish, alter or eliminate any right that the Authorized User otherwise had under the terms and conditions of the OGS Centralized Contract under which the Purchase Order was executed. In the event of a conflict between the OGS Centralized Contract and the Manufacturer Umbrella Contract, the terms and conditions more favorable to the Authorized User shall prevail. In no event shall Products or services outside the scope of the Manufacturer Umbrella Contract be migrated under this section.

Contract Migration. ‌ The following requirements shall supplement the requirements of Appendix B, Participation in Centralized Contracts §25(e): All executed Purchase Orders or ordering documents currently held by State Agencies under the Comprehensive Telecommunication Services Contract (Group 77107 Award 20268) with a current Contractor holding a Telecommunication Connectivity Services Contract (Group 77107 Award 23100) for the same Service shall be migrated to the Contractor’s Telecommunication Connectivity Services Contract for the balance of that Purchase Order unless the current Purchase Order pricing is lower than the Contractor’s price for the Service as listed on its Contractor Pricelist for the Telecommunication Connectivity Services Contract. This migration shall be completed within 90 calendar days from date that the Contractor’s Telecommunication Connectivity Services Contract is posted on the OGS website. All other executed Purchase Orders or ordering documents currently held by Non-State Agency Authorized Users under the Comprehensive Telecommunication Services Contract (Group 77107 Award 20268) with a current Contractor holding a Telecommunication Connectivity Services Contract (Group 77107 Award 23100) for the same Service shall be permitted to migrate to the Contractor’s Telecommunication Connectivity Services Contract for the balance of that Purchase Order unless the current Purchase Order pricing is lower than the Contractor’s price for the Service as listed on its Contractor Pricelist for the Telecommunication Connectivity Services Contract. This migration shall be completed within 60 calendar days of the date the Authorized User makes their migration request. Such migrations shall not operate to diminish, alter or eliminate any right that the Authorized User otherwise had under the terms and conditions of the Comprehensive Telecommunication Services Contract. In the event of a conflict between the Comprehensive Telecommunication Services Contract and the Telecommunication Connectivity Services Contract, the terms and conditions of the Telecommunication Connectivity Services Contract shall prevail. In no event shall Services or Products outside the scope of the Telecommunication Connectivity Services Contract be migrated under this section.

Contract Migration. Authorized Users holding an executed Purchase Order under a governmental contract with a Contractor holding a Manufacturer Umbrella Contract for the same Product or service shall be permitted to migrate that Purchase Order to the Contractor’s Manufacturer Umbrella Contract, for the balance of the term of the Purchase Order provided that the Purchase Order pricing is the same or lower than the Contractor’s Manufacturer Umbrella NYS Net Contract Price for the Product or service. The Authorized User shall not be required to issue an RFQ to migrate such Products or services. Such migration shall not operate to diminish, alter or eliminate any right that the Authorized User otherwise had under the terms and conditions of their existing agreement under which the Purchase Order was executed. In the event of a conflict between the existing agreement and the Manufacturer Umbrella Contract, the terms and conditions more favorable to the Authorized User shall prevail. In no event shall Products or services outside the scope of the Manufacturer Umbrella Contract be migrated under this section.