LICENSE OR USE AUDIT RIGHTS. A. To the extent that Contractor, through this Contract or otherwise as related to the subject matter of this Contract, has granted to the State any license or otherwise limited permission to use any Contractor Property, the terms of this section shall apply.
B. Contractor shall have the right, at any time during and throughout the Contract Term, but not more than once per Fiscal Year, to request via written notice in accordance with the notice provisions of the Contract that the State audit its use of and certify as to its compliance with any applicable license or use restrictions and limitations contained in this Contract (an “Audit Request”). The Audit Request shall specify the time period to be covered by the audit, which shall not include any time periods covered by a previous audit. The State shall complete the audit and provide certification of its compliance to Contractor (“Audit Certification”) within 120 days following the State’s receipt of the Audit Request.
C. If upon receipt of the State’s Audit Certification, the Parties reasonably determine that: (i) the State’s use of licenses, use of software, use of programs, or any other use during the audit period exceeded the use restrictions and limitations contained in this Contract (“Overuse”) and (ii) the State would have been or is then required to purchase additional maintenance and/or services (“Maintenance”), Contractor shall provide written notice to the State in accordance with the notice provisions of the Contract identifying any Overuse or required Maintenance and request that the State bring its use into compliance with such use restrictions and limitations.
LICENSE OR USE AUDIT RIGHTS. A. To the extent that Contractor, through this Contract or otherwise as related to the subject matter of this Contract, has granted to the State any license or otherwise limited permission to use any Contractor Property, the terms of this section shall apply.
B. Contractor shall have the right, at any time during and throughout the Contract Term, but not more than once per Fiscal Year, to request via written notice in accordance with the notice provisions of the Contract that the State audit its use of and certify as to its compliance with any applicable license or use restrictions and limitations contained in this Contract (an “Audit Request”). The Audit Request shall specify the time period to be covered by the audit, which shall not include any time periods covered by a previous audit. The State shall complete the audit and provide certification of its compliance to Contractor (“Audit Certification”) within 120 days following the State’s receipt of the Audit Request.
LICENSE OR USE AUDIT RIGHTS. A. Contractor shall have the right, at any time during and throughout the Contract Term, but not more than once per Fiscal Year, to request via written notice in accordance with the notice provisions of the Contract that the State audit its use of and certify as to its compliance with any applicable license or use restrictions and limitations contained in this Contract (an “Audit Request”). The Audit Request shall specify the time period to be covered by the audit, which shall not include any time periods covered by a previous audit. The State shall complete the audit and provide certification of its compliance to Contractor (“Audit Certification”) within 120 days following the State’s receipt of the Audit Request. The parties shall agree in writing on the scope of the inquiry, fees proportional to Contractor’s anticipated costs for responding to the inquiry, timeframe, location (if an audit is to be conducted), and other terms and conditions before work to satisfy the inquiry is commenced. Audits and tests may not be conducted by third parties who are direct competitors of Contractor without Contractor’s written consent or by third parties who have previously misused or misappropriated Contractor’s confidential information. Audits will be performed according to during normal Contractor business hours in effect for the identified location.
LICENSE OR USE AUDIT RIGHTS. A. To the extent that Contractor, through this Contract or otherwise as related to the subject matter of this Contract, has granted to the State any license or otherwise limited permission to use any Contractor Property, the terms of this section shall apply.
B. Contractor shall have the right, at any time during and throughout the Contract Term, but not more than once per Fiscal Year, to request via written notice in accordance with the notice provisions of the Contract that the State audit its use of and certify as to its compliance with any applicable license or use restrictions and limitations contained in this Contract (an “Audit Request”). The Audit Request shall specify the time period to be covered by the audit, which shall not include any time periods covered by a previous audit. The State shall complete the audit and provide certification of its compliance to Contractor (“Audit Certification”) within 120 days following the State’s receipt of the Audit Request.
C. If upon receipt of the State’s Audit Certification, the Parties reasonably determine that:
(i) the State’s use of licenses, use of software, use of programs, or any other use during the audit period exceeded the use restrictions and limitations contained in this Contract
1. CONTRACTOR PERSONNEL
1.1. Contractor personnel shall work cooperatively with State and Purchasing Entity staff to ensure the completion of the Work.
1.2. Key Personnel
1.2.1. Serve as the individual responsible for addressing all questions and concerns for the State and Purchasing Entities, unless an Order specifies another point of contact for that Order.
1.2.2. Ensure the completion of all Work in accordance with the Participating Addendum requirements. This includes, but is not limited to, ensuring the accuracy, timeliness and completeness of all Work.
1.2.3. Oversee all other personnel and ensure proper staffing levels throughout the term of the Participating Addendum.
1.2.4. Ensure the completeness and accuracy of the Quarterly Volume Reports described in Exhibit A.
1.2.5. Ensure the final submission of the Quarterly Volume Reports described in Exhibit A, by the appropriate due date for that report.
LICENSE OR USE AUDIT RIGHTS. Contractor shall have the right, at any time during and throughout the Contract Term, but not more than once
(1) per Fiscal Year to request via written notice in accordance with §16 (“Audit Request”) that the State certify its compliance with any applicable license or use restrictions and limitations (“Audit”) contained in this Contract or its Exhibits. The State shall complete the Audit and provide certification of its compliance to Contractor (“Audit Certification”) within one hundred twenty (120) days following the State’s receipt of the Audit Request. If upon receipt of the State’s Audit Certification, the Parties reasonably determine: (i) the State’s use of licenses, use of software, use of programs, or any other use during the Audit period exceeded the use restrictions and limitations contained in this Contract or its Exhibits (“Overuse”) and (ii) that the State would have been or is then required to purchase additional maintenance and/or services (“Maintenance”), Contractor shall provide written notice in accordance with §16 to the State identifying any Overuse or required Maintenance and request that the State brings its use into compliance with such use restrictions and limitations. Notwithstanding anything to the contrary in this Contract and its Exhibits, or incorporated as a part of Contractor’s or any Subcontractor’s website, click-through or online agreements, third-party agreements, or any other documents or agreements between the Parties, the State shall not be liable for the costs associated with any Overuse or Maintenance, regardless of whether the State may have been notified in advance of such costs.
LICENSE OR USE AUDIT RIGHTS. D. Master Agreement No. 00819 Section 11. Introduction This exhibit explains the process and documentation for establisting an account for an individual Purchasing Entity.
