Explanation of No Answer. 0 No response Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes Payment Terms and Funding Out Clause Payment Terms: TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes
Explanation of No Answer. "*We take the following exceptions/deviations to the general and/or special terms and conditions: CDW Government LLC (CDW•G) submits this RFP response subject to the terms and conditions contained in the existing CDW•G TIPS Technology Solutions Products and Services (2) Contract # 180306, effective 7/1/2018. Any terms and conditions in the RFP or elsewhere that are additional to or different from the terms and conditions of th e contract shall not apply to any transaction(s) that results from CDW•G’s submission of its RFP response, and su ch transaction(s) shall be subject only to the terms and conditions of the CDW•G TIPS Technology Solutions Produ cts and Services (2) Contract # 180306." Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex L oc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 0 Yes
Explanation of No Answer. 3 Xxxxxxxxx is not the manufacturer of the products we sell. We do not have control over the design or any IP associated with the products. Any infringement issues should be addressed with the manufacturer directly. Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes, I Agree (Yes) 4
Explanation of No Answer. 7 0 By submitting a proposal, Colonial Life agrees to indemnify, defend, and hold harmless TIPS, and any officers, employees, and agents of TIPS against whom a claim is asserted, from and against all losses, costs, expenses, claims, demands or suits arising out of any act or omission of Colonial Life in connection with its insurance products offered to TIPS employees. However, Colonial Life shall have no duty to defend and indemnify under this agreement for losses, costs, claims, demands or suits which arise out of or result from willful, intentional or negligent acts or omissions of TIPS or its officers, employees or agents. TIPS shall immediately notify Colonial Life of any claim, demand or suit which is subject to Colonial Life's duty to defend and indemnify hereunder. In any matter in which Colonial Life has a duty to defend and indemnify under this agreement, Colonial Life shall have the exclusive right to control the defense of the action, including the right to select defense counsel. TIPS and its officers, employees and agents shall fully cooperate with Colonial Life and defense counsel selected by Colonial Life in the defense of the action Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes Payment Terms and Funding Out Clause Payment Terms: TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes
Explanation of No Answer. 7 Indemnification and hold harmless obligations shall be limited to claims asserting that Vendor has infringed on intellectual or intangible property rights and shall be capped at an exposure limit of $1,000,000 (including all fees, costs, and any and all other sources of financial exposure).
Explanation of No Answer. TripSpark expects that it's infringement obligations shall be subject to the infringement indemnification provisions u nder the enclosed TripSpark Agreement. Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex L oc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 0 Yes
Explanation of No Answer. 7 3 Vendor shall only be liable for claims directly caused by the Vendor and only to the extent directly suffered by TIPS. Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes Payment Terms and Funding Out Clause Payment Terms: TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes
Explanation of No Answer. 6 No response Contract Governance NnNNontraNtN adeNorNenteredNintoNNNNtNeNNNNNNiNNNNNeNtNtoNandNiNNtoNNeN oNernedNNNN eNtionN2NNNNNNNetNNeNNNeN NoNNNoNNtNCodeNN tNerNiNeNNNNNNNdoeNNnotNNaiNeNitNNoNernNentalNiNNNnitieNNroNNNNitNorNliaNilitNNeNNeptNtoNtNe eNtentNeNpreNNlNN aiNedNNNNotNerNappliNaNleNlaNNNinNNlearNandNNnaNNiNNoNNNlanNNaNeN 7 0 NeN Payment Terms and Funding Out Clause NaNNentNNerNNN NNNNNorNNNNNNMeNNerNNNallNnotNNeNliaNleNNorNintereNtNorNlateNpaNNentNNeeNNonNpaNtNdNeNNalanNeNNatNaNrateNNiNNer tNanNperNittedNNNNtNeNlaNNNorNreNNlationNNoNNtNeNNriNdiNtionNoNNtNeNNNNNNMeNNerN NNndinNNNNtNClaNNeN Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any NtatNtorNNorNreNNlatorNNliNitationNNoNNtNeNNriNdiNtionNoNNanNNNNNNNMeNNerNNNiNNN oNernNNNontraNtNNenteredNintoNNNNtNe NendorNandNNNNNNorNaNNNNNNMeNNerNtNatNreNNireNNallNNontraNtNNapproNedNNNNNNNNNorNaNNNNNNMeNNerNareNNNNNeNtNto tNeNNNdNetinNNandNappropriationNoNNNrrentlNNaNailaNleNN ndNNNNNtNeNentitNNorNitNN oNerninNN odNN NeeNNtatNteNNNNorNNpeNiNiNNNorNNonNNltNNoNrNleNalNNoNnNelN NotNaNneNotiaNleNterN NNailNreNtoNaNreeNNillNrenderNNoNrNpropoNalNnonNreNponNiNeNandNitNNillNnotNNeNonNideredN NoNNoNNaNreeNtoNtNeNeNterN NN NeN
Explanation of No Answer. 7 3 Applicable indemnity and warranty provisions shall be provided at the order level based on the terms of each manufacturer's commercial End User License Agreement.
Explanation of No Answer. 6 9 Please see the Table of Variations that is included in the attached supplemental document titled, 'MS Response_TI PS 191003' Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex L oc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 0 Yes
