Contractor’s Employees and Subcontractors. (a) Contractor shall only disclose PII to Contractor’s employees and subcontractors who need to know the PII in order to provide the Services and the disclosure of PII shall be limited to the extent necessary to provide such Services. Contractor shall ensure that all such employees and subcontractors comply with the terms of this DPA.
(b) Contractor must ensure that each subcontractor performing functions pursuant to the Service Agreement where the subcontractor will receive or have access to PII is contractually bound by a written agreement that includes confidentiality and data security obligations equivalent to, consistent with, and no less protective than, those found in this DPA.
(c) Contractor shall examine the data security and privacy measures of its subcontractors prior to utilizing the subcontractor. If at any point a subcontractor fails to materially comply with the requirements of this DPA, Contractor shall: notify the EA and remove such subcontractor’s access to PII; and, as applicable, retrieve all PII received or stored by such subcontractor and/or ensure that PII has been securely deleted and destroyed in accordance with this DPA. In the event there is an incident in which the subcontractor compromises PII, Contractor shall follow the Data Breach reporting requirements set forth herein.
(d) Contractor shall take full responsibility for the acts and omissions of its employees and subcontractors.
(e) Contractor must not disclose PII to any other party unless such disclosure is required by statute, court order or subpoena, and the Contractor makes a reasonable effort to notify the EA of the court order or subpoena in advance of compliance but in any case, provides notice to the EA no later than the time the PII is disclosed, unless such disclosure to the EA is expressly prohibited by the statute, court order or subpoena.
Contractor’s Employees and Subcontractors. Contractor shall not use subcontractors to perform the Services without the Agency’s prior written consent. Contractor represents that any employees assigned to perform the Services, and any authorized subcontractors performing the Services, will perform the Services in accordance with the warranties set forth in Section 11 of this Contract.
Contractor’s Employees and Subcontractors. (a) Contractor shall only disclose PII to Contractor’s employees and subcontractors who need to know the PII in order to provide the Services and the disclosure of PII shall be limited to the extent necessary to provide such Services. Contractor shall ensure that all such employees and subcontractors comply with the terms of this DPA.
(b) Contractor must ensure that each subcontractor performing functions pursuant to this DPA where the subcontractor will receive or have access to PII are consistent with those found in this DPA.
(c) Contractor shall examine the data security and privacy measures of its subcontractors prior to utilizing the subcontractor. In the event there is an incident in which the subcontractor compromises PII, Contractor shall follow the Data Breach reporting requirements set forth herein.
(d) Contractor shall take full responsibility for the acts and omissions of its employees.
(e) Contractor must not disclose PII to any unauthorized party unless such disclosure is required by statute, court order or subpoena, and the Contractor makes a reasonable effort to notify the EA of the court order or subpoena in advance of compliance but in any case, provides notice to the EA no later than the time the PII is disclosed, unless such disclosure to the EA is expressly prohibited by the statute, court order or subpoena.
Contractor’s Employees and Subcontractors. Any person or entity employed or engaged by the Contractor in connection with the performance of the Services shall be the Contractor’s employees or contractors and the Contractor shall be fully responsible for them and indemnify the Company against any claims made by or on behalf of any such employee or contractor. The Contractor shall require each of the Contractor’s employees and contractors to execute written agreements containing obligations of confidentiality and non-use and assignment of inventions and other work product consistent with the provisions of Section 3 prior to such employee or contractor providing any Services under this Agreement.
Contractor’s Employees and Subcontractors. 7.1 Contractor shall enforce strict discipline and good order among Contractor’s employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them.
7.2 Contractor shall comply with, and shall ensure each Subcontractor and Sub-subcontractor complies with, all applicable laws regarding prevailing wage rates, including, but not limited to, Chapter 2258 of the Texas Government Code and any applicable related federal requirements. Contractor and all Subcontractors and Sub-subcontractors shall pay all workers not less than the general prevailing rate of the per diem wages for work of a similar character where the Project is located, plus any applicable fringe benefits. Contractor shall pay not less than the wage scale of the various classes of labor as detailed in the prevailing wage schedule detailed in Exhibit A (“Prevailing Wage Rates”), which is attached hereto and incorporated herein. The Project does not involve federal funds. Wages listed are minimum rates only. Contractor and Contractor’s Subcontractors and Sub-subcontractors shall comply with all state and federal laws including, but not limited to, workers’ compensation laws, laws of labor, minimum and maximum salary and wage statutes and regulations, safety, prompt payment and licensing laws and regulations, and equal employment opportunity.
7.3 If applicable, Contractor shall comply with, and shall require its Subcontractors to comply with, the criminal history provisions of Chapter 22 of the Texas Education Code and Title 19, Texas Administrative Code Chapter 153. The form of certification that Contractor has complied with the statutory requirements shall be supplied by BISD upon request and must be supplemented by Contractor and any Subcontractors as required by law or as requested by BISD. If Contractor does not qualify for access to fingerprint criminal history under applicable law, Contractor shall ensure that all necessary information and documentation is submitted to BISD or other entities, as directed by BISD, so that BISD may obtain covered employees’ criminal history record information.
Contractor’s Employees and Subcontractors. 2.11.1 Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. It is the Contractor’s responsibility to hire all personnel for the proper and diligent performance of the Work, and the Contractor shall maintain labor peace for the duration of the Project. In the event of a labor dispute, the Contractor shall not be entitled to any increase in the Contract Sum.
2.11.2 Metro may notify the Contractor that it needs to exclude or remove from the Project Site any or all employees, agents, suppliers, or representatives of the Contractor or its Subcontractors who threaten the safety of others or who are disruptive to the Project or Metro’s operations. The Contractor will supply replacement personnel promptly after receiving notice of exclusion or removal. Nothing in this Section requires the Contractor to take any particular employment or contract action with regard to an employee or Subcontractor.
2.11.3 Contractor shall give Metro, at its request at any time, full and correct information as to the number of workers employed in connection with each subdivision of the Work, the classification and rate of pay of each worker, the cost to Contractor of each class of materials, tools, and appliances used by it in the Work, and the amount of each class of materials used in each subdivision of the Work.
Contractor’s Employees and Subcontractors. Contractor shall only disclose PII to Contractor’s employees and subcontractors who need to know the PII in order to provide the Services and the disclosure of PII shall be limited to the extent necessary to provide such Services. Contractor shall ensure that all such employees and subcontractors comply with the terms of this DPA.
Contractor’s Employees and Subcontractors. (a) Contractor shall only disclose PII to Contractor’s employees and subcontractors who need to know the PII in order to provide the Services and the disclosure of PII shall be limited to the extent necessary to provide such Services. Contractor shall ensure that all such employees and subcontractors comply with the terms of this DPA.
(b) Contractor must ensure that each subcontractor performing functions pursuant to the Service Agreement where the subcontractor will receive or have access to PII is contractually bound by a written agreement that includes confidentiality and data security obligations equivalent to, consistent with, and no less protective than, those found in this DPA.
(c) Intentionally deleted.
(d) Contractor shall take full responsibility for the acts and omissions of its employees and subcontractors.
(e) Contractor must not disclose PII to any other party unless such disclosure is required by statute, court order or subpoena, and the Contractor makes a reasonable effort to notify the EA of the court order or subpoena in advance of compliance but in any case, provides notice to the EA no later than the time the PII is disclosed, unless such disclosure to the EA is expressly prohibited by the statute, court order or subpoena. Page 6 of 11 Contractor Initials:
Contractor’s Employees and Subcontractors. 18.1 Prior to Contractor's assignment of any personnel to perform work hereunder, Contractor agrees to take appropriate preventive steps that it reasonably believes shall ensure that such personnel shall not engage in inappropriate conduct while on the Premises. Inappropriate conduct shall include, but is not limited to: being under the influence of or affected by alcohol, illegal drugs or controlled substances; the manufacture, use, distribution, sale or possession of alcohol, illegal drugs or any other controlled substances, except for approved medical purposes; the possession of a weapon of any sort; and/or harassment, threats or violent behavior. Violation of this provision may be considered a material breach of this Agreement. Contractor shall furnish a letter prior to Closing which will describe the actions Contractor will take to comply with this provision. This letter shall be incorporated herein as Attachment I. IBM's objective is to maintain a drug-free workplace. In order to do this, all vendors and contractors should have a drug-free workforce. The most effective method to ensure this is to implement drug testing during the selection process where allowed by state or local law. Where state or local law does not allow this, Contractor will use reasonable and prudent judgment in deciding if specific actions need to be taken.
18.2 IBM may, at its sole discretion, but only to the extent permitted by applicable law, have Contractor remove any specified employee of Contractor from the Premises and request that such employee not be reassigned to any of the Premises under this Agreement.
18.3 Contractor shall make reasonable inquiry of its employees regarding any past employment with IBM and Contractor shall inform appropriate IBM buyer of employee name and last IBM location worked before assigning any known former IBM employee to perform work under this Agreement. IBM may request that Contractor not make such assignment.
Contractor’s Employees and Subcontractors. Any persons employed or engaged by Contractor to perform the Services are Contractor’s employees or subcontractors. Any employee or subcontractor engaged by Contractor to perform the Services must be qualified to perform the assigned duties. Contractor shall provide any required training. Contractor is solely responsible for paying its employees and subcontractors. Contractor is fully responsible for its employees and subcontractors and shall indemnify GDS- Global Dynamic Services LLC against any claims made by them or on their behalf.
