|
Attachment 5
<br />(4) Drawings, designs, or specifications when the supplies to be famished are to be specially
<br />manufactured for the STATE in accordance with the drawings, designs, or specifications;
<br />(5) Method of shipment or packing of supplies; or
<br />(6) Place of delivery.
<br />b. If any change causes an increase or decrease in [he estimated cost of, or the time required for
<br />performance of, any part of the performance under this Contract, whether or not changed by the
<br />order, or otherwise affects any other terms and conditions of this Contract, the Agency procurement
<br />officer shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule,
<br />or both; (2) amount of any fixed fee; and (3) other affected terms and shall modify the Contract
<br />accordingly.
<br />c. The CONTRACTOR must assert the CONTRACTOR'S rights to an adjustment under this provision
<br />within thirty (30) days from the day of receipt of the written order. However, if the Agency
<br />procurement officer decides that the facts justify it, the Agency procurement officer may receive and
<br />act upon a proposal submitted before final payment under the Contract.
<br />d. Failure to agree to any adjustment shal I be a dispute under paragraph 11 of this Contract. However,
<br />nothing in this provision shall excuse the CONTRACTOR from proceeding with the Contract as
<br />changed.
<br />e. Notwithstanding the terms and conditions of subparagraphs 23a and 23b, the estimated cost of this
<br />Contract and, if this Contract is incrementally funded, the funds allotted for the performance of this
<br />Contract, shall not be increased or considered to be increased except by specific written modification
<br />of the Contract indicating the new contract estimated cost and, if this contract is incrementally
<br />funded, the new amount allotted to the contract.
<br />24. Confidentiality of Material.
<br />a. Al] material given to or made available to the CONTRACTOR by virtue of this Contract, which is
<br />identified as proprietary or confidential information, will be safeguarded by the CONTRACTOR and
<br />shall not be disclosed to any individual or organization without the prior written approval of the
<br />STATE.
<br />b. All information, data, or other material provided by the CONTRACTOR to the STATE shall be
<br />subject to the Uniform Information Practices Act, chapter 92F, HRS.
<br />25. Publicity. The CONTRACTOR shall not refer to the STATE, or any office, agency, or officer thereof, or any
<br />state employee, including the HOPA, the CPO, the Agency procurement officer, of to the services or goods,
<br />or both, provided under this Contract, in any of the CONTRACTOR'S brochures, advertisements, or other
<br />publicity of the CONTRACTOR. All media contacts with the CONTRACTOR about the subject matter of
<br />this Contract shall be referred to the Agency procurement officer.
<br />26. Ownershio Ri¢hts and Copvrieht• The STATE shall have complete ownership of all material, both finished
<br />and unfinished, which is developed, prepared, assembled, or conceived by the CONTRACTOR pursuant to
<br />this Contract, and all such material shall be considered "works made for hire." All such material shall be
<br />delivered to the STATE upon expiration or termination of this Contract. The STATE, in its sole discretion,
<br />shall have the exclusive right to copyright any product, concept, or material developed, prepared, assembled,
<br />or conceived by the CONTRACTOR pursuant to this Contract.
<br />27. Liens and Warranties. Goods provided under this Contract shall be provided free of all liens and provided
<br />together with all applicable warranties, or with the warranties described in the Contract documents, whichever
<br />are greater.
<br />AG-008 Rev. 6/25/2007 I2
<br />
|