Laserfiche WebLink
<br />95 SECTION 6: ATTACHMENTS | 2014_0122 <br /> <br />12. Waivers. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies avail- <br />able to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach. <br />13. Risk Of Loss. The Contractor shall bear the risk of loss for any Contractor materials used for a Contract and for all deliverables, Department personal or other data <br />which is in the possession of the Contractor or used by the Contractor in the performance of a Contract until possession, ownership and full legal title to the deliverables <br />are transferred to and accepted by the Department. <br />14. Forum, Choice of Law And Mediation. Any actions arising out of a Contract shall be governed by the laws of Massachusetts, and shall be brought and maintained <br />in a State or federal court in Massachusetts which shall have exclusive jurisdiction thereof. The Department, with the approval of the Attorney General's Office, and the <br />Contractor may agree to voluntary mediation through the Massachusetts Office of Dispute Resolution (MODR) of any Contract dispute and will share the costs of such <br />mediation. No legal or equitable rights of the parties shall be limited by this Section. <br />15. Contract Boilerplate Interpretation, Severability, Conflicts With Law, Integration. Any amendment or attachment to any Contract which contains conflicting <br />language or has the affect of a deleting, replacing or modifying any printed language of these Commonwealth Terms and Conditions, as officially published by ANF, <br />CTR and OSD, shall be interpreted as superseded by the official printed language. If any provision of a Contract is found to be superseded by state or federal law or <br />regulation, in whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent necessary to comply with the superseding law, <br />provided however, that the remaining provisions of the Contract, or portions thereof, shall be enforced to the fullest extent permitted by law. All amendments must be <br />executed by the parties in accordance with Section 1. of these Commonwealth Terms and Conditions and filed with the original record copy of a Contract as prescribed <br />by CTR. The printed language of the Standard Contract Form, as officially published by ANF, CTR and OSD, which incorporates by reference these Commonwealth <br />Terms and Conditions, shall supersede any conflicting verbal or written agreements relating to the performance of a Contract, or attached thereto, including contract <br />forms, purchase orders or invoices of the Contractor. The order of priority of documents to interpret a Contract shall be as follows: the printed language of the <br />Commonwealth Terms and Conditions, the Standard Contract Form, the Department's Request for Response (RFR) solicitation document and the Contractor’s <br />Response to the RFR solicitation, excluding any language stricken by a Department as unacceptable and including any negotiated terms and conditions allowable <br />pursuant to law or regulation. <br /> <br />IN WITNESS WHEREOF, The Contractor certify under the pains and penalties of perjury that it shall comply with these Commonwealth Terms and <br />Conditions for any applicable Contract executed with the Commonwealth as certified by their authorized signatory below: <br /> <br />CONTRACTOR AUTHORIZED SIGNATORY: _________________________________________________________________________ <br /> (signature) <br />Print Name: _____________________________________________________ <br /> <br />Title: __________________________________________________________ <br /> <br />Date: __________________________________________________________ <br /> <br />(Check One): _______ Organization ________ Individual <br /> <br />Full Legal Organization or Individual Name: ____________________________________________________________________________ <br /> <br />Doing Business As: Name (If Different): _______________________________________________________________________________ <br /> <br />Tax Identification Number: ____ ____ ____ ____ ____ ____ ____ ____ ____ <br /> <br />Address: ________________________________________________________________________________________________________ <br /> <br />Telephone: _______________________________________ FAX: _______________________________________________________ <br /> <br /> <br />INSTRUCTIONS FOR FILING THE COMMONWEALTH TERMS AND CONDITIONS <br />A “Request for Verification of Taxation Reporting Information” form (Massachusetts Substitute W-9 Format), that contains the Contractor's correct <br />TIN, name and legal address information, must be on file with the Office of the Comptroller. If the Contractor has not previously filed this form with <br />the Comptroller, or if the information contained on a previously filed form has changed, please fill out a W-9 form and return it attached to the <br />executed COMMONWEALTH TERMS AND CONDITIONS. <br /> <br />If the Contractor is responding to a Request for Response (RFR), the COMMONWEALTH TERMS AND CONDITIONS must be submitted with <br />the Response to RFR or as specified in the RFR. Otherwise, Departments or Contractors must timely submit the completed and properly executed <br />COMMONWEALTH TERMS AND CONDITIONS (and the W-9 form if applicable) to the: Payee and Payments Unit, Office of the Comptroller, <br />9th Floor, One Ashburton Place, Boston, MA 02108 in order to record the filing of this form on the MMARS Vendor File. Contractors are required <br />to execute and file this form only once.