Common use of LIABILITY ISSUES Clause in Contracts

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

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LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT I NSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Xxxxxxx Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. 2009 The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT AGENCY NAME INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

Appears in 1 contract

Samples: Master Purchase

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT I NSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Xxxxxxx Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT MASTER PURCHASE AND MAINTENANCE AGREEMENT ARRA Version A Reporting and Registration Requirements Under Section 1512 properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the American Recovery Master Purchase and Reinvestment Act Maintenance Agreement for Two-Way Radios are non-negotiable. ARRA Version PROJECT 40729 EXPRESS PRODUCTS LIST (“EPL”) MASTER PURCHASE & MAINTENANCE AGREEMENT FOR TWO-WAY RADIOS BETWEEN INSERT VENDOR NAME AND MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES AS CONTRACTING AGENT FOR THE AGENCIES, INSTITUTIONS AND GOVERNING AUTHORITIES OF THE STATE OF MISSISSIPPI This Master Purchase and Maintenance Agreement for Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR N AME, a INSERT STATE OF INCORPORATION corporation having its principal offices at I NSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of 2009. The recipient* agrees Information Technology Services, having its principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (hereinafter referred to as “ITS”), as contracting agent for the following reporting governmental agencies, governing authorities, and registration requirements of Section 1512 educational institutions of the American Recovery State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:Purchaser are sometimes collectively referred to herein as “State”.

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT AGENCY NAME INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT MASTER PURCHASE AGREEMENT ARRA A Reporting and Registration Requirements Under Section 1512 properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the American Recovery Master Purchase Agreement are non-negotiable. ARRA Version PROJECT 40729 EXPRESS PRODUCTS LIST (“EPL”) MASTER PURCHASE & MAINTENANCE AGREEMENT FOR TWO-WAY RADIOS BETWEEN INSERT VENDOR NAME AND MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES AS CONTRACTING AGENT FOR THE AGENCIES, INSTITUTIONS AND GOVERNING AUTHORITIES OF THE STATE OF MISSISSIPPI This Master Purchase and Reinvestment Act Maintenance Agreement for Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of 2009. The recipient* agrees Information Technology Services, having its principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (hereinafter referred to as “ITS”), as contracting agent for the following reporting governmental agencies, governing authorities, and registration requirements of Section 1512 educational institutions of the American Recovery State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:Purchaser are sometimes collectively referred to herein as “State”.

Appears in 1 contract

Samples: Master Purchase

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LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT B MASTER PURCHASE AND MAINTENANCE AGREEMENT ARRA Version A Reporting and Registration Requirements Under Section 1512 properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the American Recovery Master Purchase and Reinvestment Act Maintenance Agreement for E-911 Equipment are non-negotiable. ARRA Version PROJECT 40728 EXPRESS PRODUCTS LIST (“EPL”) MASTER PURCHASE AND MAINTENANCE AGREEMENT FOR E-911 EQUIPMENT BETWEEN INSERT VENDOR NAME AND MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES AS CONTRACTING AGENT FOR THE AGENCIES, INSTITUTIONS AND GOVERNING AUTHORITIES OF THE STATE OF MISSISSIPPI This Master Purchase and Maintenance Agreement for E-911 Equipment (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of 2009. The recipient* agrees Information Technology Services, having its principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (hereinafter referred to as “ITS”), as contracting agent for the following reporting governmental agencies, governing authorities, and registration requirements of Section 1512 educational institutions of the American Recovery State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:Purchaser are sometimes collectively referred to herein as “State”.

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times twice the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT APPENDIX B-1 MASTER PURCHASE AND MAINTENANCE AGREEMENT ARRA Version A Reporting and Registration Requirements Under Section 1512 properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the American Recovery Master Purchase and Reinvestment Act Maintenance Agreement for Two-Way Radios are non-negotiable. ARRA Version PROJECT 40729 EXPRESS PRODUCTS LIST (“EPL”) MASTER PURCHASE & MAINTENANCE AGREEMENT FOR TWO-WAY RADIOS BETWEEN INSERT VENDOR NAME AND MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES AS CONTRACTING AGENT FOR THE AGENCIES, INSTITUTIONS AND GOVERNING AUTHORITIES OF THE STATE OF MISSISSIPPI This Master Purchase and Maintenance Agreement for Two-Way radios and accessories (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of 2009. The recipient* agrees Information Technology Services, having its principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (hereinafter referred to as “ITS”), as contracting agent for the following reporting governmental agencies, governing authorities, and registration requirements of Section 1512 educational institutions of the American Recovery State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:Purchaser are sometimes collectively referred to herein as “State”.

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability shall not exceed the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement and/or purchase order. In no event will Seller be liable to Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT B-1 MASTER PURCHASE AND MAINTENANCE AGREEMENT ARRA Version A Reporting and Registration Requirements Under Section 1512 properly executed contract is a requirement of this RFP. After an award has been made, it will be necessary for the winning Vendor to execute a contract with ITS. Due to the need for uniformity among EPL Vendors, the terms of the American Recovery Master Purchase and Reinvestment Act Maintenance Agreement for E-911 Equipment are non-negotiable. ARRA Version PROJECT 40728 EXPRESS PRODUCTS LIST (“EPL”) MASTER PURCHASE AND MAINTENANCE AGREEMENT FOR E-911 EQUIPMENT BETWEEN INSERT VENDOR NAME AND MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES AS CONTRACTING AGENT FOR THE AGENCIES, INSTITUTIONS AND GOVERNING AUTHORITIES OF THE STATE OF MISSISSIPPI This Master Purchase and Maintenance Agreement for E-911 Equipment (hereinafter referred to as “EPL Agreement”) is entered into by and between INSERT VENDOR NAME, a INSERT STATE OF INCORPORATION corporation having its principal offices at INSERT VENDOR STREET ADDRESS (hereinafter referred to as “Seller”) and the Mississippi Department of 2009. The recipient* agrees Information Technology Services, having its principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (hereinafter referred to as “ITS”), as contracting agent for the following reporting governmental agencies, governing authorities, and registration requirements of Section 1512 educational institutions of the American Recovery State of Mississippi (hereinafter referred to as “Purchaser”). ITS and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:Purchaser are sometimes collectively referred to herein as “State”.

Appears in 1 contract

Samples: Master Purchase and Maintenance Agreement

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