DSS. For purposes of this Agreement, the term “DSS” shall include DSS, its subsidiaries, affiliates, successors and/or assigns. Any consultant of any subsidiary of DSS shall be deemed a consultant of DSS for purposes of enforcement of the terms and provisions of this Agreement.
DSS. 11.1.1 With respect to the DSS (including Software integrated into the DSS), Contractor shall conduct an inspection and test the DSS in accordance with Exhibit H, Dynamic Satellite Simulator Statement of Work and Functional Requirements Document, in coordination with Purchaser or Purchaser’s representative. If the tests establish that the DSS meets the requirements of Exhibit H, Contractor shall deliver the test results and provide a certification to Purchaser that the DSS meets the requirements of this Contract. Based upon this Contractor’s certification and the inspection and test results, and the results of any additional inspection or testing that Purchaser may reasonably conduct in coordination with Contractor, Purchaser shall either Accept the same in writing (“Acceptance” with respect to the DSS) or notify Contractor in writing of those particulars in which the DSS is unacceptable. Should Purchaser fail to notify Contractor in writing of those particulars in which the DSS is unacceptable within ten (10) Business Days of certification, the DSS shall be deemed Accepted by Purchaser. Upon receipt of a notice that the DSS is unacceptable to Purchaser, which notice shall state the particulars relating to such unacceptability, Contractor shall remedy the non-conformances, conduct additional testing as appropriate, and schedule another test of the DSS as appropriate in the presence of Purchaser or Purchaser’s representative. When such particulars have been remedied to conform to all applicable requirements of Exhibit H, the DSS shall be promptly Accepted by Purchaser in writing. Contractor shall be required to repeat the process described in this Paragraph until the DSS shall have been Accepted by the Purchaser in writing pursuant to the criteria of this Paragraph. Contractor shall take all appropriate measures to ensure that Acceptance of the DSS is achieved prior to Acceptance of the Satellite. In the event that Acceptance of the Satellite occurs prior to Acceptance of the DSS, Contractor shall, at Contractor’s sole cost and expense, and at Purchaser’s option, (i) continue to operate such Satellite for Purchaser until the time of Acceptance of such DSS and (ii) expeditiously complete the tasks necessary to facilitate Acceptance of the DSS.
DSS. Contractor warrants that the DSS (including the Software integrated into the DSS) delivered under this Contract shall be manufactured and/or developed in conformity with the applicable requirements of Exhibit H (as modified by any waiver and/or deviation pursuant to Article 11.8) and will be free from Defects during the period commencing on the date of Acceptance of such DSS pursuant to Article 11 and ending on the later of the first anniversary of: (a) the Launch of the Satellite; or (b) Acceptance of the DSS.
1. After the expiration of the period specified above and through the Stated Life, a failure of the software integrated into the DSS to meet the applicable requirements of Exhibit H, Dynamic Satellite Simulator Statement of Work and Functional Requirements Document will, if such failure results in a Satellite Anomaly, be resolved in the response to the Satellite Anomaly pursuant to Article 15.3, below.
DSS. The parties and their respective Affiliates shall use reasonable best efforts to prepare and submit to DSS, as soon as practicable after the date of this Agreement, a foreign ownership, control and influence (“FOCI”) mitigation plan to address any national security concerns of the United States. Subject to the limitations set forth in Section 4.07, the parties shall take, and cause their Affiliates to take, any and all actions necessary, and agree to all such requirements or conditions as may be requested or required by DSS in connection with, or as a condition of, the receipt of DSS Approval of the FOCI mitigation plan and make such changes to the FOCI mitigation plan as are requested or required by DSS to obtain DSS Approval.
DSS. If your DSS case closes and your child(ren) continues in the program you are responsible for payment. Your child(ren) will not be allowed to continue or be re-enrolled until balance is paid or a payment plan is in place. If you sign up for a full day and do not show up you are responsible for the full rate payment. No discounts are given. All DSS must attend a minimum of 3 days a week or pay out of pocket. We reserve the right to put you at part time if you are registered for full time.
DSS. (a) As soon as practicable after the Execution Date, and as required under applicable Law, during the Interim Period, the Company will prepare and submit to the Defense Security Service (“DSS”) of the United States Department of Defense and, to the extent applicable, any other cognizant security agency (“CSA”), a notification of changed conditions, including change of ownership, under the National Industrial Security Program Operating Manual, DoD 5220.22-M (NISPOM) and any applicable CSA security regulations.
(b) The Purchaser and the Company shall use their respective Reasonable Best Efforts to obtain, during the Interim Period and as soon as possible following the Execution Date, confirmation from the applicable Governmental Authorities that they will not recommend that any Company Entities’ security clearances (as applicable) be revoked, suspended or downgraded as a result of the consummation of the transactions contemplated by this Agreement. The Company shall and shall cause its employees to make all filings or notifications or such other actions as are necessary or appropriate in order to prevent the security clearances of the Company Entities and their employees from being revoked, suspended or downgraded.
DSS. As soon as practicable after the Execution Date, and as required under applicable Law, during the Interim Period, the Company (to the extent applicable) will prepare and submit to the Defense Security Service (DSS) of the United States Department of Defense and, to the extent applicable, any other cognizant security agency (CSA), a notification of changed conditions, including change of ownership, under the NISPOM, DoD 5220.22-M.
DSS. DSS shall have approved a Special Security Agreement consistent with that described in Section 5.2(e), or shall have accepted a commitment from the Parties to implement such Special Security Agreement following the Closing (as described in this Section 7.1(c), “DSS Approval”).
DSS. Provide a DSS/DW to manage data and produce reports needed for operating Medicaid and reporting to Federal requirements. Provide a menu of hardware and software components which can be combined to facilitate access to data and data analysis to serve a wide range of end-users. Data in the DSS/DW is to be refreshed periodically, on a schedule determined by CHFS. The DSS/DW supports security, data cleansing, data archiving, data management, and data standards. The DSS/DW should accept data from a variety of sources, as directed by the Commonwealth, produce data extracts timely and as specified by the Commonwealth, and balance reports to validate accuracy.
