Common use of EXTRANEOUS TERMS Clause in Contracts

EXTRANEOUS TERMS. Bidders were required by the RFP to submit Bids conforming to the terms set forth therein, and were notified by the RFP that extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) might render the Bid non-responsive and result in rejection of the Bid. For this Contract, unless ITS has agreed in writing otherwise, extraneous terms that the Bidder submitted on standard, pre- printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that were attached or referenced with Bid submissions are not part of this Contract, but deemed included for informational or promotional purposes only. Proposed extraneous term were required by the RFP to: have been specifically enumerated in writing by the Contractor; to have specified the particular RFP section that Contractor had proposed to modify and the reasons why the change would be in the best interest of the State; to have been submitted during the Question and Answer period during the RFP's Calendar of Events Question and Answer time period using the "Vendor Questions and Extraneous Terms Form" attached to the RFP; and to have been expressly accepted by ITS in writing. During the course of this Contract, any Transaction Documents designed to effectuate terms of the Contract such as statements of work, letter agreements, project change requests, or other such documents must either include or are deemed to include the phrase that the base Contract itself has precedence over any other terms. Any such Transaction Documents must be self-contained, complete in and of themselves (i.e. any referenced text must be included within the four corners of the document) and not contain hyperlinks to Internet sites or to other license or other terms, or pointers to other documents. ITS has the right to reject all or parts of any added terms during the course of the Contract. Regardless of any other provision or other license or service terms which may be issued by Contractor or its Subcontractor(s) after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink- wrap), the terms and conditions set forth in this Contract shall supersede and govern the terms between ITS and Contractor, and those additional Contractor terms to which ITS has not expressly agreed shall be a nullity. Similarly, any Contractor terms proposed during the course of this Contract that purport to allow Contractor to change its contractual terms and conditions without approval by ITS are likewise a nullity.