EXTRANEOUS TERMS Sample Clauses

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:
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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).
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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:
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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...
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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.
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EXTRANEOUS TERMS. 15. Confidential/Trade Secret Materials 16. Prevailing Wage Rates 17. Taxes
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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.
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Related to EXTRANEOUS TERMS

  • Miscellaneous Terms The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.

  • Other Miscellaneous Terms The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

  • Miscellaneous Terms and Conditions The following terms and conditions also apply.

  • MODIFICATION OF CONTRACT TERMS The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor. The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer. Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.

  • Use of Attachment Facilities by Third Parties Purpose of Attachment Facilities.‌‌ Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Attachment Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the New York State Transmission System and shall be used for no other purpose.

  • Violation of Contract Terms Fees charged to a customer for use of the vehicle contrary to the terms of the vehicle rental contract including but not limited to speeding, driving under the influence of an intoxicant or controlled substance, taking the vehicle out of state or out of an approved area as defined in the contract, regardless whether customer was arrested, cited or otherwise penalized by law enforcement authorities for such conduct.

  • Definitions of Key Terms Relating to Additional Rent As used in this Article 4, the following terms shall have the meanings hereinafter set forth:

  • ADDITIONAL TERMS OF SETTLEMENT 22. This settlement is agreed upon in accordance with section 24.4 of MFDA By-law No. 1 and Rules 14 and 15 of the MFDA Rules of Procedure.

  • Incorporation of Exhibits, Annexes, and Schedules The Exhibits, Annexes, and Schedules identified in this Agreement are incorporated herein by reference and made a part hereof.

  • Definitions of Words and Terms Capitalized words used in this Agreement which are not otherwise defined herein shall have the meanings set forth in the Annex of Definitions attached hereto.

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