Common use of Institution’s Obligations Clause in Contracts

Institution’s Obligations. Institution represents and warrants that: (a) Institution’s authorized representative has the right and authority to enter into this Agreement on its behalf and to legally bind Institution to the terms and obligations of this Agreement; (b) All information provided by Institution to Apple (or to its Authorized Users or Permitted Users) in connection with this Agreement or use of the Service (including the Apple Software) will be current, true, accurate, supportable and complete; and, with regard to information Institution provides to Apple, Institution will promptly notify Apple of any changes to such information; (c) Institution will monitor and be responsible for its authorized representatives’, Administrators’, Service Providers’, Authorized Users’, Permitted Users’, and Permitted Entities’ use of the Service and their compliance with the terms of this Agreement; (d) Institution will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by Institution, its authorized representatives, Administrators, Service Providers, Authorized Users, Permitted Users, Permitted Entities, and Authorized Devices, in connection with the Service; (e) Institution is solely liable and responsible for ensuring compliance with all privacy and data protection laws (e.g., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing directive 95/46/EC (“GDPR”)) regarding the use of the Service and use or collection of data, including Personal Data, and information through the Service; (f) Institution is responsible for its activity related to Personal Data (e.g., safeguarding, monitoring, and limiting access to Personal Data, preventing and addressing inappropriate activity, etc.); and (g) Institution will comply with the terms of and fulfill Institution’s obligations under this Agreement.

Institution’s Obligations. Institution represents and warrants that: (a) Institution’s authorized representative or agent has the right and authority to enter into this Agreement on its behalf and to legally bind Institution to the terms and obligations of this Agreement; (b) All information provided by Institution to Apple (or to its Authorized Users or Permitted Users) in connection with this Agreement or use of the Service (including the Apple Software) will be current, true, accurate, supportable and complete; and, with regard to information Institution provides to Apple, Institution will promptly notify Apple of any changes to such information; (c) Institution will monitor and be responsible for its authorized representatives’, Administrators’, Service Providers’, Authorized Users’, Permitted UsersAdministrators’, and Permitted Entities’ use of the Service and their compliance with the terms of this Agreement; (d) Institution will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by Institution, its authorized representatives, Administrators, Service Providers, Authorized Users, Permitted Users, Permitted Entities, and Authorized Devices, in connection with the Service; (e) Institution is solely liable and responsible for ensuring compliance with all privacy and data protection laws (e.g., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing directive 95/46/EC (“GDPR”)) regarding the use of the Service and use or collection of data, including Personal Data, and information through the Service; (f) Institution is responsible for its activity related to Personal Data (e.g., safeguarding, monitoring, and limiting access to Personal Data, preventing and addressing inappropriate activity, etc.); and (g) Institution will comply with the terms of and fulfill Institution’s obligations under this Agreement.