IBM Obligations Clause Samples

IBM Obligations. (a) IBM shall use the Empire Facilities for the sole and exclusive purposes of providing the Services under this Agreement. The use of Empire Facilities by IBM does not constitute a leasehold or other property interest in favor of IBM. (b) IBM shall use the Empire Facilities in a manner that is coordinated, and does not interfere, with Empire's business operations. To the extent that IBM operates the space in a manner that materially and unnecessarily increases facility or other costs incurred by Empire, Empire shall notify IBM of such costs and IBM shall take such steps as may be necessary to reduce such facility costs to a level reasonably acceptable to Empire. IBM shall be responsible for any damage to the Empire Facilities resulting from the abuse, misuse, or negligence of IBM or other failure to comply with its obligations respecting the Empire Facilities, and Empire shall have the right to set off the reasonable and actual cost of repairing any such damage against charges payable to IBM under this Agreement, in accordance with Section 14.6. (c) IBM shall keep the Empire Facilities in good order, not commit or permit IBM personnel to commit waste or damage to Empire Facilities or use Empire Facilities for any unlawful purpose or act, and shall comply with Empire's standard policies and procedures and with applicable leases as these are made available to IBM regarding access to and use of the Empire Facilities, including procedures for the physical security of the Empire Facilities. (d) IBM shall not make improvements or changes to the Empire Facilities without Empire's prior written approval. Any improvements to the Empire Facilities will become the property of Empire. (e) When the Empire Facilities are no longer required for performance of the Services, IBM shall restore the Empire Facilities to substantially the same condition as when IBM began use of them in the case of (i) damage caused by IBM or its agents (subject to reasonable wear and tear); and (ii) unauthorized changes to the Facilities.
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IBM Obligations. 39 8.7 Migration...........................................................39 Empire/IBM CONFIDENTIAL FINAL EXECUTION COPY
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IBM Obligations. (i) IBM shall use the MSDW Facilities for the sole and exclusive purpose of providing the Services, except as otherwise approved by MSDW in writing (including as approved by MSDW pursuant to any node license agreements), which approval may be withheld at MSDW's sole discretion. The use of such facilities by IBM shall not constitute a leasehold interest in favor of IBM, IBM Personnel or IBM customers. (ii) IBM shall use the MSDW Facilities in a reasonably efficient manner. {*} IBM shall be responsible for any damage to the MSDW Facilities resulting from the abuse, misuse, neglect or gross negligence of IBM, its employees and subcontractors or other failure to comply with its obligations respecting the MSDW Facilities. (iii) IBM, its employees and agents shall keep the MSDW Facilities in good order, not commit or permit waste or damage to such facilities, not use such facilities for any unlawful purpose or act, and comply with MSDW's standard policies and procedures regarding access to and use of such facilities (including procedures for the physical security of the MSDW Facilities) that are (A) made available to IBM, and {*}. (iv) IBM shall permit MSDW and its agents and representatives to enter into those portions of the MSDW Facilities occupied by IBM Personnel at any time to perform facilities-related services. (v) IBM shall not make any improvements or changes involving structural, mechanical or electrical alterations to the MSDW Facilities without MSDW's prior written approval. Any improvements to the MSDW Facilities will become the property of MSDW. (vi) When the MSDW Facilities are no longer required for performance of the Services, IBM shall return such facilities to MSDW in substantially the same condition as when IBM began use of such facilities, subject to reasonable wear and tear. {*} = CONFIDENTIAL TREATMENT HAS BEEN REQUESTED
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IBM Obligations. Without limiting the generality of Section 18.2(A): (1) IBM Personnel shall not attempt to access, or allow access to, any Federal-Mogul Data which they are not permitted to access under the Country Agreement pursuant to which such personnel are providing Services. If such access is attained, IBM shall immediately report such incident to Federal-Mogul, describe in detail the accessed Federal-Mogul Data and return to Federal-Mogul any copied or removed Federal-Mogul Data. (2) IBM shall utilize commercially reasonable efforts, including through systems security measures, to guard against the unauthorized access, alteration or destruction of Systems and Federal-Mogul Data. With respect to those Systems that are provided or maintained by IBM, such measures shall include the installation of Software that: (a) requires all users to enter a user identification and password prior to gaining access to the Systems; (b) controls and tracks the addition and deletion of users; and (c) controls and tracks user access to areas and features of the Systems.
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Related to IBM Obligations

  • ▇▇▇▇▇ OBLIGATIONS A ▇▇▇▇▇▇▇'s acceptance of funds directly under the Grant or indirectly through a subaward acts as acceptance of the authority of the State, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that DFPS may request include, but are not limited to: 1. Participant files in their entirety. This includes, but is not limited to: a. Progress notes. b. Action plans. c. Registration forms. d. Surveys. e. Sign-in sheets. f. Monthly tracking forms.

  • Perform Obligations To perform promptly all of the obligations of Tenant set forth in this Lease; and to pay when due the Fixed Rent and Additional Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by Tenant.

  • Surety Obligations No Borrower or Subsidiary is obligated as surety or indemnitor under any bond or other contract that assures payment or performance of any obligation of any Person, except as permitted hereunder.

  • Processor Obligations 4.1 The Processor may collect, process or use Personal Data only within the scope of this DPA. 4.2 The Processor confirms that it shall process Personal Data on behalf of the Controller and shall take steps to ensure that any natural person acting under the authority of the Processor who has access to Personal Data shall only process the Personal Data on the documented instructions of the Controller. 4.3 The Processor shall promptly inform the Controller, if in the Processor’s opinion, any of the instructions regarding the processing of Personal Data provided by the Controller, breach any Data Protection Law. 4.4 The Processor shall ensure that all employees, agents, officers and contractors involved in the handling of Personal Data: (i) are aware of the confidential nature of the Personal Data and are contractually bound to keep the Personal Data confidential; (ii) have received appropriate training on their responsibilities as a data processor; and (iii) are bound by the terms of this DPA. 4.5 The Processor shall implement appropriate technical and organisational procedures to protect Personal Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. 4.6 The Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed. 4.7 The technical and organisational measures detailed in Exhibit B shall be at all times adhered to as a minimum security standard. The Controller accepts and agrees that the technical and organisational measures are subject to development and review and that the Processor may use alternative suitable measures to those detailed in the attachments to this DPA. 4.8 The Controller acknowledges and agrees that, in the course of providing the Services to the Controller, it may be necessary for the Processor to access the Personal Data to respond to any technical problems or Controller queries and to ensure the proper working of the Services. All such access by the Processor will be limited to those purposes.

  • USER OBLIGATIONS As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.