Common use of Contractor’s Performance Warranties Clause in Contracts

Contractor’s Performance Warranties. Contractor represents and warrants to DAS PS and Agency that: 11.2.1. Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. 11.2.2. Through the expiration of the Warranty Period, all Deliverables delivered by Contractor to Agency, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. 11.2.3. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. 11.2.4. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#IT, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. 11.2.5. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. 11.2.6. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. 11.2.7. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control.

Contractor’s Performance Warranties. Contractor represents and warrants to DAS PS and Agency that: 11.2.1. 9.2.1 Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent requirements and within the timeframes established in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. 11.2.2. Through the expiration of the Warranty PeriodContract Exhibit A, all Deliverables delivered by Contractor to Agency, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by ContractorWork, and be free from error or defect that materially impairs their useContract Exhibit AA, and be free from material defects in materials, workmanship, or design.Performance Standards; 11.2.3. 9.2.2 Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. 11.2.4. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT Policies (as last issued October 16, 2001) and Information Security Policies, found at xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#ITattached hereto as Contract Exhibit H, as those policies are that policy is amended from time to time. In the event of a DAS IT Policy amendment that impacts the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract.; 11.2.5. 9.2.3 Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables supplied by Contractor to Agency shall be transferred to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. 11.2.6. 9.2.4 When used as authorized by this Contract, no Deliverable delivered by Contractor to Agency infringes, nor will Agency’s use, duplication, or transfer of such Deliverables infringe, any copyright, patent, trade secret, or other proprietary right of any third party. 9.2.5 Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. 11.2.7. 9.2.6 Contractor will maintain, operate perform in a professional manner and enforce, prior to in accordance with the receipt ofcode of professional conduct set forth in OAR 801-030-0010 through 801-030-0020, and during the period in which 137-030-0110; 9.2.7 Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies shall comply with the requirements of the Oregon Identity Theft Protection Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended from time to time; 9.2.8 Contractor shall comply with the standards established by the Project Management Institute’s (ORS 646A.600 etPMI) Standard as described in the Project Management Body of Knowledge (PMBOK), the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives; 9.2.9 Following the date of completion of the Work, the Deliverables will conform to the Statement of Work. seq.Contractor specifically warrants that as to any Deliverable hereunder such Deliverable shall during the Warranty Period (a) be free from material errors caused by Contractor's failure to preserve the security fulfill its obligations under this Contract, and confidentiality of (b) materially conform to all Personal Information that is requirements and specifications contained in any document, record, compilation the Statement of information or other item to which Contractor receives access, possession, custody or controlWork.

Contractor’s Performance Warranties. Contractor represents and warrants to DAS PS and Agency that: 11.2.1. Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. 11.2.2. Through the expiration of the Warranty Period, all Deliverables delivered by Contractor to Agency, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or defect Defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. 11.2.3. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Sixth Fifth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. 11.2.4. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#ITxxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspx, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. 11.2.5. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. 11.2.6. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. 11.2.7. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. 11.2.8. The software provided by Contractor, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. 11.2.9. Contractor shall comply with FERPA.

Contractor’s Performance Warranties. Contractor represents and warrants to DAS PS and Agency that: 11.2.1. Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. 11.2.2. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered by Contractor to Agency, and the System as a whole, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or defect Defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. 11.2.3. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. 11.2.4. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#IT, xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#IT as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. 11.2.5. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind, subject to the limitations of manufacturers or third party providers. 11.2.6. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. 11.2.7. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Consumer Information Protection Act (Act, ORS 646A.600 et. seq.) through 646A.628, to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. 11.2.8. The System, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software expressly permitted by the terms and conditions by the license under which it was provided.

Contractor’s Performance Warranties. Contractor represents and warrants to DAS PS and Agency that: 11.2.1. Contractor has the skill and knowledge possessed by well-informed members of its trade or profession and Contractor will apply that skill and knowledge with care and diligence so Contractor and Contractor’s employees and any authorized subcontractors perform the Services described in this Contract in accordance with the highest standards prevalent in the industry or business most closely involved in providing the Services that Contractor is providing to Agency pursuant to this Contract. 11.2.2. Through the expiration of the Post Implementation Warranty Period, all Deliverables delivered by Contractor to Agency, and the System as a whole, will materially conform to Acceptance Criteria set forth in this Contract, including the Statement of Work and any Documentation provided by Contractor, and be free from error or defect Defect that materially impairs their use, and be free from material defects in materials, workmanship, or design. 11.2.3. Contractor shall comply with the standards established by the Project Management Institute (PMI) as described in the Project Management Body of Knowledge (PMBOK), Sixth Edition, the Software Engineering Institute and the Control Objectives for Information and related Technology (COBIT®) objectives, as well as standards established by DAS for quality assurance services. 11.2.4. Contractor shall comply with the applicable requirements set forth in DAS Oregon Statewide IT and Information Security Policies, found at xxxxx://xxx.xxxxxx.xxx/das/Pages/policies.aspx#ITxxxx://xxx.xxxxxx.xxx/DAS/op/Pages/policies.aspx#IT, as those policies are amended from time to time. In the event of a DAS IT Policy amendment that impacts the System or the Services, the required change will be managed according to the Change Control process in Section 7.1 of this Contract. 11.2.5. Except as otherwise provided in this Contract, Contractor shall transfer all Deliverables to Agency free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind. 11.2.6. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency under this Contract. 11.2.7. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Personal Information, an active and effective information security program that at minimum complies with the requirements of the Oregon Identity Theft Protection Act (ORS 646A.600 et. seq.) to preserve the security and confidentiality of all Personal Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control. 11.2.8. The System, at the time of delivery and installation, will be free of what are commonly defined as viruses, backdoors, worms, spyware, malware and other malicious code that will hamper performance of the software, collect unlawful personally identifiable information on users, or prevent the software from performing as required under the terms and conditions of this Contract. Notwithstanding the foregoing, this representation and warranty does not include a disabling device that limits, suspends or ends use of the Software expressly permitted by the terms and conditions by the license under which it was provided. 11.2.9. Contractor shall comply with laws governing Federal Tax Information. Contractor will maintain, operate and enforce, prior to the receipt of, and during the period in which Contractor has possession of or access to, any Federal Tax Information, an active and effective information security program that at minimum complies with the provisions of Section 6103(b) of the Internal Revenue Code, the requirements of IRS Publication 1075, and the Privacy Act of 1974, 5 U.S.C. §552a et. seq. to preserve the security and confidentiality of all Federal Tax Information that is contained in any document, record, compilation of information or other item to which Contractor receives access, possession, custody or control.