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25B - AGMT FOR PRINTING AND COPIERS
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25B - AGMT FOR PRINTING AND COPIERS
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8/27/2020 1:22:37 PM
Creation date
8/27/2020 4:37:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25B
Date
9/1/2020
Destruction Year
2025
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6.14.2. This section applies to a claim brought against the Participating State only to the extent Congress <br />has appropriately abrogated the Participating State's sovereign immunity and is not consent by the <br />Participating State to be sued in federal court. This section is also not a waiver by the Participating <br />State of any form of immunity, including but not limited to sovereign immunity and immunity <br />based on the Eleventh Amendment to the Constitution of the United States. <br />6.15. Governing Law and Venue <br />6.15.1. The construction and effect of this Master Agreement shall be governed by the laws of the Lead <br />State. Venue for any administrative or judicial action relating to this Master Agreement shall be in <br />the City and County of Denver, Colorado. <br />6.15.2. The construction and effect of any Participating Addendum or Order against this Master <br />Agreement shall be governed by and construed in accordance with the laws of the Participating <br />Entity's or Purchasing Entity's State. <br />6.15.3. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and <br />exclusively within the United States District Court for (in decreasing order of priority): The Lead <br />State for claims relating to the procurement, evaluation, award, or Contract performance or <br />administration if the Lead State is a party; the Participating State if a named party; the Participating <br />Entity state if a named party; or the Purchasing Entity state if a named party. <br />6.16. Assignment of Antitrust Rights <br />Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the <br />Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state <br />or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in <br />effect and as may be amended from time to time, in connection with any Goods or Services provided to the <br />Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or <br />Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation <br />on such claim for relief or cause of action. <br />6.17. Contract Provisions for Orders Utilizing Federal Funds <br />Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non - <br />Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional <br />contractual requirements or certifications that must be satisfied at the time the Order is placed or upon <br />delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda <br />and Purchasing Entities for incorporation in Orders placed under this Master Agreement. <br />Page 53 <br />Copiers and Managed Pdnt services - RFP-NP-1"01, NASPO ValuePolnt Master Agreement Tems and Conditions, CMS # 140603 <br />25B-74 <br />
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