Laserfiche WebLink
acts of the public enemy;acts of the State and any governmental entity in its sovereign or contractual capacity; fires; <br /> floods;epidemics, quarantine_es..ic:i�:_. s^ikes or other 'z'--:r disputes; freigh:err-: = es: .e <br /> weather. <br /> d. If after rejection,revocation,or other termination of the vendor's right to proceed under the provisions of <br /> the Uniform Commercial Code(in the case of transactions in goods)or this clause(in the case of services), <br /> determined for any reason that the vendor was not in default under the provisions of this clause,or that the ec;av <br /> was excusable.the rights and obligations of the parties shall be the same as if the notice of termination had been <br /> issued pursuant to the termination for convenience clause. <br /> 21.Termination For Convenience. <br /> a.Cancellation Prior to Contract Formation. When this purchase order is not accepted by written <br /> acknowledgment,this purchase order may be canceled by written or oral notice to the vendor prior to shipment of <br /> goods or beginning of performance of services. <br /> b. Termination After Contract Formation.Unless otherwise agreed in writing, in addition to the rights and <br /> remedies governing transactions in goods in the Uniform Commercial Code,the Purchasing Agent may when the <br /> interests of the purchasing agency so require terminate this purchase order in whole or in part, for the convenience <br /> of the agencv or institution.The Purchasing Agent shall give written notice of the termination to the vendor <br /> specifiling the part of the purchase order terminated and when termination becomes effective. Upon receipt of the <br /> notice of termination,the vendor shall incur no further obligations except to the extent necessary to mitigate costs of <br /> performance. In the case of services or specially manufactured goods,the State shall pay reasonable settlement <br /> expenses,the contract price or rate for supplies and services delivered and accepted,the reasonable costs of <br /> performance on unaccepted supplies and services,and a reasonable profit for that unaccepted work, in accordance <br /> with the cost principles promulgated in accordance with section 24-107-101,Colorado Revised Statutes, as <br /> amended. In the case of existing goods,the State shall pay reasonable settlement expenses,the contract price for <br /> goods delivered and accepted,reasonable costs incurred in preparation for delivery of the undelivered goods,and a <br /> reasonable profit for that preparatory work.The amount of the termination liability under this paragraph shall not <br /> exceed the amount of the purchase order price plus a reasonable cost for settlement expenses.The vendor agrees to <br /> submit a termination proposal as well as reasonable supporting documentation,cost and pricing data,and a <br /> certification required by section 24-106-101,C.R.S.,as amended,upon request of the Purchasing <br /> Agent. <br /> 22.Purchase Order Approval.This purchase order shall not be deemed valid unless it is executed by the <br /> Purchasing Agent for the purchasing state agency or institution.The State shall have no responsibility or liability for <br /> products or services delivered or performed prior to proper execution hereof. <br /> 23. Fund Availability; Federal Funds Contingency.Financial obligations of the State of Colorado payable after <br /> the current fiscal vear are contingent upon funds for that purpose being appropriated,budgeted and otherwise made <br /> available. If this purchase order is funded in whole or in part with federal funds,this purchase order is subject to and <br /> contingent upon the continuing availability of federal funds for the purposes hereof. If this purchase order <br /> contemplates the purchase of goods to be delivered in a single installment,the State represents that it has set aside <br /> sufficient funds to make payment under this purchase order in accordance with its terms. <br /> 24. Choice of Law. This purchase order is made in the State of Colorado.The laws of the State of Colorado shall <br /> govern in connection with the formation, performance and the legal enforcement of this purchase order. Unless <br /> otherwise specified in the sol;citation or this order, venue for any judicial action arising out of or in connecuor. with <br /> this purchase order shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in "24-109-106, <br /> Colorado Revised Statutes, as amended, prior to commencing any judicial action against the State. <br /> 25. Uniform Commercial Code. All references in this purchase order to the Uniform Commercial Code shall mean <br /> the Uniform Commercial Code as adopted by the State of Colorado at Title 4,Colorado Revised Statutes, as <br /> amended. <br /> 25 Non-discrimination.The vendor agrees to comply with the letter and spirit of all applicable state and federal <br /> laws respecting discrirn nation and unfair employment practices. <br />