|
performance. of any resulting Contract, no qualified :nor/dual Nit a
<br /> 1'; Assignment and Successors; Antitrust C:aims. The vendor
<br /> disability snail. by
<br /> reason of that Cisaciigty, be exCr.des from
<br /> V� r
<br /> snail not assign rParticipation
<br /> or delegate duties under this curcnase order, articcation in. cr denied bene*:.s of, services, programs. or
<br /> or succcntraCt any part of the performance required under the activities performed cy`ne ver.CCr'cr the ceretit of the State
<br /> pure^ase order, without the exoress. written consent of the State, Insurance. The vsnail cc'ain, at all times
<br /> wrncc snail not`;e unreasonacty withheld. This purchase order snail
<br /> C1Ing the term Cr this venocr
<br /> ocr orcer, and as maintain at P-s 'n the
<br /> inure to the benefit of and be binding upon the parties hereto aril sclic.tatiCn cr order arc shall orcv,ce proof of such coverage.
<br /> their respective successors and assigns. Ass;grment of accounts
<br /> rece'vacle may be made only with written notice furnisnee to the 20 Termination For Default/Cause.
<br /> purcnasing agency or institution. a. Except as otherNise agrees. the Uniform Commercial Code snail
<br /> govern in the case of transactions in goods In the case of services,
<br /> 14 Indemnification.In the event any article said or delivered under if the vender refuses or fails to timely perform any of the provisions
<br /> trademark, cf this purchase order, with such diligence as wed ensure its
<br /> this purchase oder is covered by any patent, cosyr'g �rt. in
<br /> or acclication therefor, the vendor will indemnify and held harmless completion
<br /> mVpleti nn Agenn t thme time
<br /> notify e~eted vendor in writing of other,
<br /> the State of Colorado from any and all loss, liability, cost, expenses performance,chaiande '.f not promptly e endo within the time shed:fin,
<br /> non-
<br /> and legal fees incurred on account of any claims, legal actions, or such officer may terminate the vendor's right to proceed with the
<br /> judgments arising out of manufacture, sale or use of such article in purchase order or such part of the purchase order as to which there
<br /> violation, infringement or the like of rights under such patent, has been delay or a failure to properly perform. The vendor shall
<br /> copyright, trademark or application. If this purchase order is for continue performance of the purchase order to the extent it is not
<br /> services,to the extent authorized by law.the vendor shall indemnify, terminated and shad oe liable for excess costs incurree in procuring
<br /> save, and holc harmless the State, its employees and agents, similar goods or services elsewhere. Payment for completed
<br /> against any and all claims, damages, liability and court awards services performed and accepted shall be at the purchase order
<br /> including costs, expenses, and attorney fees incurred as a result of price.
<br /> any act or omission by the vendor, or its empioyees, agents, se ed
<br /> subcontractors or assignees ansing out of or in connection with b.
<br /> In thee orasea f remedies
<br /> diexercisems a and ruhis paragraph
<br /> fof for
<br /> performance of services ordered by this purchase order. Commercial Code for transactions in goods, the purchasing agency
<br /> 15. INDEPENDENT CONTRACTOR. THE VENDOR SHALL may withhold amounts due to the vendor as the Purchasing Agent
<br /> deems to be necessary to reimburse the purchasing agency for the
<br /> PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT excess costs incurred in curing, completing or procuring similar
<br /> CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE goods and services.
<br /> VENDOR NOR ANY AGENT CR EMPLOYEE OF THE VENDOR c. In the case of either transactions in goods or services,the vendor
<br /> SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR shallIn not be in default y reason of any failure spervices,
<br /> the this
<br /> EMPLOYEE OF THE STATE. VENDOR SHALL PAY WHEN DUE
<br /> ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX purchase order in accordance with its terms if such failure anses out
<br /> WITHHOLDING INCLUDING ALL FEDERAL AND STATE INCOME of acts
<br /> of God;acts; acts ofin the publicenor;contractual of the Stateity;and
<br /> fi es;
<br /> TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT govern quarantineitssovereign restrictions; or other fires;
<br /> TO THIS CONTRACT. VENDOR ACKNOWLEDGES THAT THE disputes;;freight epidemics;eaoesi unusuallyeo severe; weather.
<br /> r
<br /> VENDOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
<br /> UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE d. If after rejection, revocation, or other termination of the vendor's
<br /> VENDOR OR A THIRD PARTY PROVIDES SUCH COVERAGE right to proceed under the provisions of the Uniform Commercial
<br /> AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE Code (in the case of transactions in goods) or this clause (in the
<br /> PROVIDE SUCH COVERAGE. VENDOR SHALL HAVE NO case of services), it is determined for any reason that the vendor
<br /> AUTHORIZATION EXPRESS OR IMPLIED TO BIND THE STATE was not in default under the provisions of this clause, or that the
<br /> TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING delay was excusable, the rights and obligations of the parties shall
<br /> EXCEPT AS EXPRESSLY SET FORTH HEREIN.VENDOR SHALL be the same as if the notice of termination had been issued pursuant
<br /> PROVIDE AND KEEP IN FORCE, WORKERS' COMPENSATION to the termination for convenience clause.
<br /> (AND SHOW PROOF OF SUCH INSURANCE UPON REQUEST) 21. Termination For Convenience.
<br /> AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE
<br /> AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY
<br /> a. Cancellation Prior to Contract Formation. When this purchase
<br /> ANFOR THE ACTS OF VENDOR, ITS EMPLOYEES, order is not accepted by written acknowledgment, this purchase
<br /> ANDDPONSIAGENTS. order may be canceled by written or oral notice to the vendor prior to
<br /> 16.Communication.All communications,including reports,notices,
<br /> shipment of goods or beginning of performance of services.
<br /> and advice of any nature,conceming administration of this purchase b. Termination After Contract Formation. Unless otherwise agreed
<br /> order, prepared by vendor for the state agency's use, must be in writing, in addition to the rights and remedies governing
<br /> furnished solely to the Purchasing Agent within the agency transactions in goods in the Uniform Commercial Code, the
<br /> purchasing office. Purchasing Agent may when the interests of the purchasing agency
<br /> so require terminate this purchase order in whole or in part, for the
<br /> 17. Compliance with Laws. Vendor agrees to comply with all convenience
<br /> all ni give written the
<br /> age ocy oreti ntituti on.on to the PThe u chs ing genn t
<br /> applicable federal and state laws, regulations and policies, as the part of the purchase order terminated and when termination
<br /> amended_ g
<br /> inclthoseregdiscrimination, unfair tabor becomes effective. Upon receipt of the notice of termination, the
<br /> practices, anti-kick-backding and colluurding sion. veneer shall incur no further obligations except to the extent
<br /> necessary to mitigate costs of performance. In the case of services
<br /> 18. Americans with Disabilities Act(ADA) Requirements. If this or specially manufactured goods, the State shall pay reasonable
<br /> solicitation contemplates the provision of state services to the public, settlement expenses, the contract price or rate for supplies and
<br /> the vendor shall,in addition to any other requirements under Title 11 services delivered and accepted, the reasonaole costs of
<br /> of the Americans with Disabilities Act, comply with the Title 11 performance on unaccepted supplies and services, and a
<br /> requirements of the Americans with Disabilities Act regarding the reasonable profit for that unaccepted work, in accordance with the
<br /> raccesibility equiirrement.of th
<br /> assuress that, at all ms,
<br /> ttimes duringexplicit
<br /> the Colorado principles
<br /> Rev sed Statutes,'as amended.with
<br /> thesection
<br /> case 24-107-101,C
<br /> and existing
<br /> 1
<br />
|