Contracts Management Guide - Texas Comptroller of Public Accounts

Appendix 9
Contract Terms
Information about contract terms and examples of contract provisions are provided below. The agency’s
attorney should be involved in the development of contracts so that required contract terms and those
drafted to achieve the agency’s desired outcomes, are included in the contracts.
Administrative Terms
Terms related to the general administration of the contract are administrative terms. Examples of
administrative terms may include, but are not limited to:
Introduction
Every contract should have introductory language that identifies the parties to the contract. This
paragraph may also identify the general relationships between the parties. The contracting entity may be a
corporation, non-profit corporation, limited liability partnership or professional corporation, partnership
or sole proprietorship, or it may be an individual. Also, an entity may transact business using an assumed
name. When referencing the name of the contractor, be certain to use the correct, complete name of the
contractor. Also include any assumed name used by the entity such as: [correct legal name] doing
business as or “DBA” [assumed name]. A business may have several addresses; sometimes an entity will
have a Texas address and an out-of-state address, so include both addresses in the introduction. The
following examples of introductory clauses are offered for illustration purposes only.
Example 1:
Example 2:
This Agreement is made and entered into by and between the state agency, hereinafter
referred to as “state” whose principal place of business is located at 100 Congress, Suite
100, Austin, Texas 78701 and Correct Corporate Name doing business as Assumed Name
hereinafter referred to as “contractor” whose principal place of business is located at 100
Contractor’s Blvd, Suite 110, Austin, Texas 78744, with reference to the following facts:
This Agreement including all Exhibits and Schedules attached hereto and incorporated
herein by reference (the “Agreement”) is made as of the date day of month year, by and
between state agency (the ‘commission’, a state agency having its principal offices at 100
Congress, Suite 100, Austin, Texas 78791, and Correct Corporate Name (the “Contractor”), a
California corporation having its principal Texas offices at 100 Consultant Blvd, Suite
110, Austin, Texas 78744. Commission agrees to buy products and services from
Contractor and Contractor agrees to provide or supply products and services to
Commission, on the following terms and conditions specified herein.
Notice
It is good practice to designate who receives formal notices and the acceptable manner for the delivery of
such notice in a contract. Examples of notice provisions include:
Delivery of Notices. Any notice required or permitted to be given under this contract by one
party to the other party shall be in writing and shall be given and deemed to have been given
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