Appendix J Statement of Work Template Page 9 of 16
IBM will invoice Customer monthly for actual Services hours worked (whether above or below the
estimated hours), applicable taxes, travel and living expenses, and other reasonable expenses incurred in
connection with the Services.
For Customers outside the state of Texas, Customer shall reimburse IBM for any increased tax and
compliance costs incurred by IBM personnel or by IBM on account of IBM personnel performing services
in a country or state other than the one in which they are based.
FIXED PRICE CONTRACTS
The Services will be conducted on a fixed price basis. The fixed price for performing the Services defined
in the SOW will be {Fee total}. This fixed price is exclusive of any travel and living expenses, other
reasonable expenses incurred in connection with the Services, and any applicable taxes.
Customer will be billed actual travel and living costs subject to and in accordance with the State of Texas
Comptroller Travel Guide.
● “Notwithstanding the terms of DIR Contract Number DIR-TSO-3996, this SOW, or our prior practice,
payment is not contingent upon issuance of a Purchase Order”
OR
If the customer WILL require purchase orders for payment UNDER THIS SOW (whether they are a PO
driven OR non-PO driven customer), you must insert the following provision at this point in your SOW, and
delete all other guidance/language in this PO block:
● “Purchase orders will be provided to IBM for charges as described in this Charges Section {2.8}, and are
due prior to the performance of the Services. In the event that purchase orders are not received in a timely
manner, IBM may 1) suspend the provision of Services, and 2) terminate this SOW for convenience. In the
event of such termination, Customer agrees to pay IBM the amounts specified in Section {2.9.1}
Termination”
IBM will invoice Customer for the Services performed {‘in equal monthly amounts over the period of
performance specified in the Estimated Schedule’; OR ‘on a milestone basis as set forth in the Payment
Schedule in the Charges section’; etc.}, plus applicable taxes. IBM will invoice monthly for travel and living
expenses, and other reasonable expenses incurred in connection with the Services.
Customer shall reimburse IBM for any increased tax and compliance costs incurred by IBM personnel or
by IBM on account of IBM personnel performing services in a country or state other than the one in which
they are based.
12. Additional Terms and Conditions
Termination
Customer may terminate this Statement of Work by giving IBM not less than {30} days written notice. IBM
and Customer will mutually agree to the work to be performed within the 30-day notice period. Upon
termination, subject to such agreement, Customer will pay the following amounts to IBM 1) the charges for
Services IBM provides and Products IBM delivers through termination, and all completed deliverables IBM
has prepared and delivered through termination, {2) any holdbacks retained by Customer for completed
and delivered deliverables and {3)} all costs and expenses IBM incurs through, but only to the extent that
such costs and expenses have been (a) itemized, as agreed by IBM and Customer in the 30-day notice,
and (b) duly documented by IBM to Customer as having been actually incurred.