Common use of CONTRACT SCOPE/TERM Clause in Contracts

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking hardware and software, including installation, configuration, extended warranties, maintenance and other incidental services (including, but not limited to, consulting [analysis and design] and training). Terms used in this document shall have the meanings set forth in Appendix B-1. Amendments or modifications to this Contract may only be made with mutual written agreement of the parties with the approval of the State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller, or until a new contract is approved by the Office of the State Comptroller, whichever is later. Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users (See: Appendix B-1, Clause 6 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 10 contracts

Samples: www.ogs.state.ny.us, ogs.state.ny.us, www.ogs.state.ny.us

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CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking hardware and software, including installation, configuration, extended warranties, maintenance and other incidental services (including, but not limited to, consulting [analysis and design] and training). Terms used in this document shall have the meanings set forth in Appendix B-1. Amendments or modifications to this Contract may only be made with mutual written agreement of the parties with the approval of the State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State ComptrollerComptroller effective upon mailing by OGS (see Appendix B-1, Clause 38). The Contract may be extended for up to two additional one year periods, or until a new contract is approved by the Office of the State Comptroller, whichever is latersooner. Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users (See: Appendix B-1, Clause 6 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 7 contracts

Samples: ogs.state.ny.us, ogs.state.ny.us, www.ogs.state.ny.us

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking hardware and software, including installation, configuration, extended warranties, maintenance and other incidental services (including, but not limited to, consulting [analysis and design] and training). Terms used in this document shall have the meanings set forth in Appendix B-1. Amendments or modifications to this Contract may only be made with mutual written agreement of the parties with the approval of the State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller. The Contract may be extended for up to two additional one year periods, or until a new contract is approved by the Office of the State Comptroller, whichever is latersooner. Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users (See: Appendix B-1, Clause 6 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 4 contracts

Samples: ogs.state.ny.us, www.ogs.state.ny.us, ogs.state.ny.us

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking Power Protection hardware and software, including installation, configuration, extended warranties, maintenance maintenance, support and other incidental services (including, but not limited to, consulting [analysis and design] and training). Terms used in this document shall have the meanings set forth in Appendix B-1. B. Amendments or modifications to this Contract the terms and conditions set forth herein may only be made with mutual written agreement of the parties with the approval of the New York State Attorney General and the New York State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller (See Appendix B, clause 38). CANCELLATION (Item 11 Cancellation Clause) remains in full force and application. The start date for each vendor’s contract will vary according to the date of vendor’s offer submission and approval by the State (approved by OSC and issued by OGS). All contracts awarded based on this CONTRACT DOCUMENT will terminate simultaneously on the future anniversary date of the Office of the State Comptroller’s approval of the first contract(s) resulting from this Continuous Recruitment process. The contract end date will be five (5) years from the release of the first awards. Upon expiration of the original term, the parties may renew the Contract, with the approval of the Office of the State Comptroller, for an additional five (5) year term or until a new contract is approved by the Office of the State Comptroller, whichever is later. Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and applicationfirst. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users (See: Appendix B-1B, Clause 6 5 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms ) and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entitiesAuthorized Users”). In the event that this Contract is so extended, such other authorized entities Authorized Users shall be solely responsible for liability and performance under the Contract, Contract and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 2 contracts

Samples: www.ogs.state.ny.us, www.ogs.state.ny.us

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition (purchase) of networking hardware Assistive Technology for persons with disabilities and includes the following two Product Types: (A) Assistive Technology Products (Hardware, related software, including installation, configuration, extended warranties, maintenance and other incidental services related services); and (including, but not limited to, consulting [analysis B) Integrated Microcomputer Systems (IMS). A Contractor shall offer Product for persons with disabilities in one or more of the following three Groups: (1) Blindness & Low-Vision; (2) Deaf & Hard of Hearing; and design] and training)(3) Cognitive & Communicative Disabilities. Terms used in this document shall have the meanings set forth in this Contract and Appendix B-1B (see also Section 32, Amendments to Appendix B). Amendments or modifications to this Contract the terms and conditions set forth herein may only be made with mutual written agreement of the parties OGS and Contractor with the approval of the New York State Attorney General and the New York State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller, or until a new contract is approved effective upon mailing by OGS (See Appendix B, Clause 38, Contract Creation / Execution). All Assistive Technology contracts will terminate simultaneously five (5) years from the Office date of OSC approval of the State first contract awarded. The parties may renew the contract, upon approval of the NYS Comptroller, whichever is later. Starting with the third anniversary upon expiration of the contract original term for up to one additional five (5) year term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users of NYS Contracts (See: See Appendix B-1B, Clause 6 (5, Definitions), and Clause 39 (39, Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms including Non-State Users listed in Table 1 (xxxx://xxx.xxx.xxxxx.xx.xx/purchase/snt/othersuse.htm), and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, Contract and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 1 contract

Samples: online.ogs.ny.gov

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CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition (purchase) of networking hardware Office Imaging Equipment (Printers, Copiers, Scanners, & Multifunction Products) and related accessories, consumables, software, including installation, configuration, extended warranties, maintenance and other incidental services (including, but not limited to, consulting [analysis installation, configuration, extended warranties, maintenance/support and design] and trainingother related professional services). Terms used in this document shall have the meanings set forth in this Contract and Appendix B-1B (see also Clause 30, Amendments to Appendix B). Amendments or modifications to this Contract the terms and conditions set forth herein may only be made with mutual written agreement of the parties OGS and Contractor with the approval of the New York State ComptrollerAttorney General and the New York State Office of the State Comptroller (OSC). The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller, or until a new contract is approved by the Office of the State ComptrollerComptroller (OSC), whichever is latereffective upon mailing by OGS (See Appendix B, Clause 38, Contract Creation / Execution). Starting with All Office Imaging Equipment contracts will terminate conterminously five (5) years from the third anniversary date of OSC approval of the first contract awarded. The Parties may renew the contract, upon approval of OSC, upon expiration of the original term for up to one (1) additional five (5) year term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users of NYS Contracts (See: See Appendix B-1B, Clause 6 (5, Definitions), and Clause 39 (39, Participation in Centralized Contracts). Contractor agrees to extend the pricing) including Non-State Users listed in Table 1 xxxx://xxx.xxx.xxxxx.xx.xx/purchase/snt/othersuse.htm, terms and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, Contract and Contractor agrees to hold them solely responsible for such liability and performance.

Appears in 1 contract

Samples: Contract

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking Systems & Peripherals (Storage) hardware and software, including installation, configuration, extended warranties, maintenance maintenance, support and other incidental services (including, but not limited to, consulting [analysis and design] and training). Terms used in this document shall have the meanings set forth in Appendix B-1B-3. Amendments or modifications to this Contract the terms and conditions set forth herein may only be made with mutual written agreement of the parties with the approval of the New York State Attorney General and the New York State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller, or until a new contract is approved effective upon mailing by the Office of the State ComptrollerOGS (See Appendix B-3, whichever is laterclause 38). Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 10 Cancellation Clause) clause remains in full force and application. Upon expiration of the original term, the parties may renew the Contract, with the approval of the Office of the State Comptroller, for an additional five (5) year term or until a new contract is approved by the Office of the State Comptroller, whichever is first. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network Products of the same brand including those purchased and installed from other procurement efforts. This Contract is available for use by all Authorized Users (See: Appendix B-1B-3, Clause 6 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms ) and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entitiesAuthorized Users ”). In the event that this Contract is so extended, such other authorized entities Authorized Users shall be solely responsible for liability and performance under the Contract, and Contractor agrees to hold them solely responsible for such liability and performance. NOTE: Current NYS OGS contracts for Systems & Peripherals Hardware and Software have been renewed and may continue to be used by Authorized Users to the extent of approved E-Rate (Universal Service Fund) applications for the period 7/1/2000 through 6/30/2004 which have been filed with the federal government prior to April 2001. Contractor agrees to extend pricing under this Contract, if lower, to acquisitions made under those contracts.

Appears in 1 contract

Samples: ogs.state.ny.us

CONTRACT SCOPE/TERM. This document (hereinafter “Contract”) sets forth the terms and conditions governing the acquisition of networking assistive technology hardware and softwaresoftware in the areas of Blindness and Low-Vision, including installation, configurationDeaf and Hard of Hearing and Physical and Cognitive Disabilities, extended warranties, maintenance and other incidental services (including, but not limited to, consulting [analysis and design] and training, and the service of assessing the needs of persons with these disabilities). Terms used in this document shall have the meanings set forth in Appendix B-1. Amendments or modifications to this Contract may only be made with mutual written agreement of the parties with the approval of the State Comptroller. The term of this Master Contract shall be five (5) years commencing on the date of approval by the New York State ComptrollerComptroller effective upon mailing by OGS (see Appendix B-1, Clause 38). The Contract may be extended for up to two additional one year periods, or until a new contract is approved by the Office of the State Comptroller, whichever is latersooner. Starting with the third anniversary of the contract term, either party shall have the option to terminate this contract upon thirty (30) days notice prior to the Contract anniversary date. CANCELLATION (Item 13 Cancellation Clause) clause remains in full force and application. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. The maintenance Contract contract (i.e. those terms of the Contract issued pursuant to this document related to maintenance) will be effective for an additional period of three years, continuing upon expiration of the Contract for the Product purchased including renewal periods and includes preventive maintenance and remedial maintenance as well as moves, modification of equipment and software upgrades required to ensure the existing Product can function effectively within the Authorized User environment. The maintenance Contract does not include the purchase of new Product. This Contract can also be used to maintain network adaptive Products of the same brand including those purchased and installed from other procurement effortscontracts. This Contract is available for use by all Authorized Users (See: Appendix B-1, Clause 6 (Definitions), and Clause 39 (Participation in Centralized Contracts). Contractor agrees to extend the pricing, terms and conditions offered under this Contract to all entities authorized under previous laws to use centralized state contracts. Contractor further agrees to extend this Contract upon the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof (“other authorized entities”). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, Contract and Contractor agrees to hold them solely responsible for such liability and performance. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions. Contracts let as a result of this template will be for use by Authorized Users which include: New York State Agencies, political subdivisions, school districts and others authorized by law (see PARTICIPATION IN CENTRALIZED CONTRACTS). Refer to the Table of Authorized Users. This template outlines the terms and conditions, and all applicable information required for submitting an offer. Since deadlines for submitting contract offers will occur quarterly, if potential contractors want to be included in the initial offer period they should pay strict attention to the initial deadline. If a company misses the initial deadline, they will have to wait another three months to make a contract offer.

Appears in 1 contract

Samples: www.ogs.state.ny.us

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