Contract Management System. The Servicer will, at its own cost and expense, (A) retain the Contract Management System, or an alternative system of equal capability, used by the Servicer as a master record of the Loans and Receivables and (B) xxxx the Contract Management System to the effect that the Loans and Receivables listed thereon have been conveyed to the Issuer pursuant to this Agreement and pledged by the Issuer pursuant to the Indenture to the Indenture Trustee for the benefit of the Beneficiaries. The Servicer will maintain accounts and records as to each Loan and Receivable serviced by the Servicer that are accurate and sufficiently detailed to permit (i) the reader thereof to know as of the most recent Determination Date the status of such Loan or Receivable, including payments and recoveries made and payments owing (and the nature of each), and (ii) reconciliation between payments or recoveries on (or with respect to) each Loan and Receivable and the amounts from time to time deposited in the Collection Account in respect of such Loan or Receivable.
Contract Management System. The Servicer will, at its own cost and expense, (A) retain the Contract Management System, or an alternative system of equal capability, used by the Servicer as a master record of the Contracts and (B) mark xxx Contract Management System to the effect that the Contracts listed thereon have been conveyed to the Issuers pursuant to the Receivables Transfer Agreement and pledged by the Issuers to the Indenture Trustee for the benefit of the Noteholders pursuant to the Indenture.
Contract Management System. (A) The Servicer will, at its own cost and expense, (I) retain the Contract Management System, or an alternative system of equal capability, used by the Servicer to maintain a master record of the Contracts and any Contract Files held by the Servicer (except the original executed contract for each Contract which shall be held by the Collateral Agent, on behalf of the Indenture Trustee) and (II) note on the Contract Management System and xxxx on the original of each Contract, or other physical records of the Contracts to the effect that the Contracts and the related Equipment listed thereon (x) have been sold to the Transferors pursuant to the Receivables Sale Agreement, (y) pledged by the Transferors to the Trust, pursuant to the Receivables Pledge Agreement, and (z) such security interest therein has been assigned by the Trust to the Indenture Trustee, on behalf of the Noteholders and the Note Insurer, pursuant to the Indenture, and (B) the Servicer does not rely upon any third party for data processing capability with respect to the Contract Management System.
Contract Management System. Beginning promptly after the date of this Agreement, until the earlier of completion of the applicable duplication and separation process and the date on which this Agreement is terminated in accordance with Section 7.1 (Termination Events), Sellers will use commercially reasonable best efforts to create a duplicate and separate copy of Sellers' contract management system known as “Synergy” (“Synergy”) in accordance with the specification set forth in this Section 5.28. Sellers will, at their sole cost and expense, promptly begin removing all confidential information pertaining to customers of the Excluded Businesses, if any, from Synergy in order to be able to provide the original copy of Synergy and its related source code to Buyers as soon as practicable following the Closing. When the duplication and separation process is completed, the original copy of Synergy will be included in the Transferred DQ Valuation Assets and a duplicate copy of Synergy will be retained by Sellers as a Retained Asset. Following the transfer of the original copy of Synergy to Buyers following the Closing, each party will have a free and unrestricted right to use its respective copy of Synergy. Following the Closing, during the duplication and separation process prior to the transfer of the original copy of Synergy to Buyers, Buyers will continue to have access to, and an ability to operate, Synergy in accordance with the terms and conditions set forth in the Buyer Transition Services Agreement schedule entitled “Contract Management System (Synergy)”.
Contract Management System. By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §00-000-000, §00-000-000, §00-000-000, §24-103.5-101 and §00-000-000 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor’s performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Insert Name of your Dept here, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§00-000-000, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause.
Contract Management System. 6.1 The Operator shall, no later than the Start Date and thereafter throughout the Contract Term:
(a) use the contract management system which the Secretary of State uses to manage the delivery of the obligations under the National Rail Contract; and
(b) use the contract management system to administer any variations to the National Rail Contract after the Start Date.
