The University Of Texas At Dallas Purchase Services Agreement Page 3
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311. Loss of Funding. Performance by University under the Agreement may be dependent upon the
appropriate and allotment of funds by the Texas State Legislature (the “Legislature”) and/or
allocation of funds by the Board of Regents of the University of Texas System (the “Board”). If
the Legislature fails to appropriate or allot the necessary funds, or the board fails to allocate the
necessary funds, then University shall issue written notice to Service Provider and University
may terminate the Agreement without further duty or obligation hereunder. Service Provider
acknowledges that appropriation, allotment and allocation of funds are beyond the control of
University.
12. Texas Prompt Payment Act. Terms Net 30 with a maximum past due interest of 1% per
month, unless there is a bona fide dispute per the law.
13. Sales/Property Taxes. UTD shall not be liable for any out-of-state property taxes for leased
equipment title held out of state. Purchases made for UTD are exempt from the State Sales Tax
and Federal Excise tax.
14. Certificates of Insurance. Please provide a current and valid certificate of liability insurance if
work is to be performed on campus or is otherwise requested by university.
15. Public Information Act. Information, documentation, and other material in connection with
this solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter
552 of the Texas Government Code (the “Public Information Act”).
16. Venue; Governing Law. Collin County, Texas, shall be the proper place of venue for suit on
or in respect of the Agreement. The Agreement and all of the rights and obligations of the
parties hereto and all of the terms and conditions hereof shall be construed, interpreted and
applied in accordance with and governed by and enforced under the laws of the State of Texas.
Texas Government Code the Uniform Commercial Code and these terms and conditions are
incorporated into and form a part of the agreement to which they are attached.
17. Entire Agreement; Modifications. The Agreement supersedes all prior agreements, written or
oral, between Service Provider and University and shall constitute the entire Agreement and
understanding between the parties with respect to the subject matter hereof. The Agreement and
each of its provisions shall be binding upon the parties and may not be waived, modified,
amended or altered except by a writing signed by University and Service Provider.
Contractor Signature:
FEDERAL ID NUMBER:
ADDRESS:
CITY/STATE/ZIP:
PHONE/FAX:
EMAIL:
The University of Texas at Dallas
BY:
_________________
DATE:________________________
Procurement Management Signature Authority
Rev: March, 2013
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