Applicability of the 2021 Standard Contractual Clauses Sample Clauses

Applicability of the 2021 Standard Contractual Clauses. The parties agree that the 2021 Standard Contractual Clauses will apply only to the Processing of Personal Data by Xactly in the course of providing the Services that is transferred via the Services from the European Economic Area or Switzerland, either directly or via onward transfer, to (i) any country that does not ensure an adequate level of data protection within the meaning of Data Protection Laws and Regulations, to the extent such transfers are subject to such applicable Data Protection Laws and Regulations (ii) to any recipient which is not subject to other binding obligations, code of conduct or certification as determined to be sufficient by the Supervisory Authority or (iii) any recipient not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including but not limited to Binding Corporate Rules for Processors. For data transfers from the European Economic Area or Switzerland that are subject to the 2021 Standard Contractual Clauses, the 2021 Standard Contractual Clauses will be deemed entered into (and incorporated into this DPA by this reference) as amended or completed (as the context requires) as follows: (1) Applicable Module: Module 2: Transfer Controller to Processor (2) in Clause 7 of the 2021 Standard Contractual Clauses, the optional docking clause will not apply; (3) in Clause 9 of the 2021 Standard Contractual Clauses, Option 2 will apply and the time period for prior notice of sub-processor changes will be as set forth in Section 5.3 “Current Sub-processors, Notification of New Sub- processors and Objection Right” of this DPA; (4) in Clause 11 of the 2021 Standard Contractual Clauses, the optional language will not apply; (5) in Clause 17 of the 2021 Standard Contractual Clauses, Option 1 is selected and the 2021 Standard Contractual Clauses will be governed by the law of the Netherlands; (6) in Clause 18(b) of the 2021 Standard Contractual Clauses, disputes will be resolved before the courts in Amsterdam, Netherlands; (7) in Annex I, Part A “List of the Parties” of the 2021 Standard Contractual Clauses: The data exporter is the Customer (as defined in this DPA) and its Affiliates (as defined in the Agreement) established in the EEA or Switzerland that have purchased Services pursuant to one or more Ordering Documents. Contact details of the data exporter is as mentioned in the signature block of this DPA. Data exporter role: controller Sig...
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Related to Applicability of the 2021 Standard Contractual Clauses

  • Effect and invariability of the Clauses These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

  • Applicability of ISP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit.

  • Priority of agreements, clauses and schedules i This Agreement, and all other agreements and documents forming part of or referred to in this agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order: (a) this Agreement; and (b) The Bid/Tender Document along with all the corrigendum issued. (c) all other agreements and documents forming part hereof or referred to herein;

  • Inapplicability of Tariff Liability Any general liability, as described in a Party’s local exchange or other Tariffs, does not extend to the other Party, the other Party’s End User(s), suppliers, agents, employees, or any other third parties. Liability of one Party to the other Party resulting from any and all causes arising out of services, facilities, UNEs or any other items relating to this Agreement shall be governed by the liability provisions contained in this Agreement and no other liability whatsoever shall attach to CenturyLink. CenturyLink shall not be liable for any loss, claims, liability or damages asserted by CLEC, CLEC’s End User(s), suppliers, agents, employees, or any other third parties where CLEC combines or Commingles such components with those components provided by CenturyLink to CLEC,

  • Applicability of ISP98 Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Letter of Credit.

  • Applicability of ISP98 and UCP Unless otherwise expressly agreed by the applicable LC Issuer and the applicable LC Obligor, when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance (including the International Chamber of Commerce’s decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each Commercial Letter of Credit.

  • Applicability of Agreement The Developer agrees that the Lands shall be developed and used only in accordance with and subject to the terms and conditions of this Agreement.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

  • Applicability of ¶ 2501 Local Church acknowledges and agrees that pursuant to ¶ 2501 of the Discipline, the Local Church holds all its property, real and personal, tangible and intangible, in trust for the benefit of The United Methodist Church, including the Real Property and Personal Property, and the Local Church will not take any actions that are inconsistent therewith or opposing or negating the same.

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

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