incorporated as a written amendment by KSU prior to the proposed effective date of such modification or change. Modification shall be subject to prior approval by KSU’s Purchasing Department, KSU’s General Counsel, and the Government Contract Review Committee. Memoranda of understanding, written clarifications, and other correspondences shall not be construed as amendments to the Contract.
Whereas, KSU has concluded that KSU personnel are not available to perform said functions or that it would not be feasible to utilize KSU personnel to perform said functions; and
Whereas, the Contractor is available and qualified to perform such functions; and
Whereas, for the aforementioned reasons, KSU desires to avail itself of the services of the Contractor.
Now, therefore, the following terms and conditions are applicable to this Contract.
Pursuant to KRS 45A.725, the Legislative Research Commission has established policies which govern rates payable for certain professional services. These may be viewed on the Government Contract Review Committee webpage, located at:
https://apps.legislature.ky.gov/moreinfo/Contracts/homepage.html
The aforementioned policies may impact any contract established under KRS 45A.690, et seq., where applicable.
This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts-of-laws principles. Any action brought against KSU on the Contract, including but not limited to actions for breach of contract or enforcement of the contract, shall be brought in the Franklin Circuit Court, Franklin County, Kentucky, in accordance with KRS 45A.245.
Unless otherwise instructed, all notices, consents, and other communications required and/or permitted by the Contract shall be in writing. All such notices, consents, and other communications shall be delivered (a) by personal delivery, (b) certified mail, return receipt requested, (c) overnight courier service providing verification of receipt, or (d) by email. Any notice sent by email shall be deemed delivered on the next business day after the email is sent, unless the sender receives a non-delivery notification. Either Party may change their addresses for notice by providing written notice to the other Party at any address then in effect.
After the award of the Contract, all communications of a contractual or legal nature shall be directed to KSU's General Counsel.