Off-Shoring. In accordance with 42 C.F.R. § 438.602(i), Company shall not enter into any subcontract for the performance of any duty under this State Contract in which such services are to be transmitted or performed outside of the United States nor will any claims be paid by Company to a Network Provider, out-of-Network Provider, Subcontractor, or financial institution located outside of the U.S. The purchase of offshore services is expressly prohibited. (State Contract § 4.5.1)
Off-Shoring. Subcontractor and Provider acknowledge and agree that all work performed under this Agreement must be performed exclusively within the United States, as that term is defined in the State Contract. Further, the performance of any work or the maintenance of any information relating or obtained under this Agreement is forbidden to occur outside of the United States except as specifically authorized or approved by HHSC.
Off-Shoring. No Covered Services under this Agreement may be performed outside the United States.
Off-Shoring. Agent shall not, itself or through another person, undertake any functions, activities, or services in connection with this Agreement that involves transmission or storage of HealthSun member data outside of the United States of America or any territory thereof.
Off-Shoring. Subject to clause 5.9 (Cross Border Learning Delivery Services), the Supplier shall obtain the consent of HSBC before supplying any part of the Services from a country other than the relevant Country. Such consent shall not be unreasonably withheld to the extent that the Supplier can satisfy HSBC that the provision of such services from outside the relevant Country will not result in:
Off-Shoring. Unless otherwise agreed in writing, (i) Service Provider and its subcontractors and agents will not perform any of the Services from outside of the United States, and (ii) Service Provider will not allow any State of Florida Data to be sent by any media, transmitted, or accessed outside of the United States. The Service Provider agrees that a violation of item (ii) above will result in immediate and irreparable harm to the Department and will entitle the Department to a credit of $50,000 per violation, with a cumulative total cap of $500,000 per event. This credit is intended only to cover the Department’s internal staffing and administrative costs as well as the diminished value of Services provided under the Contract, and will not preclude the Department from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Department to recover damages, if any, arising from a breach of this section and constitutes an event of default.
Off-Shoring. Licensee understands and agrees to the provision that the Off-Shoring of any and all DOL-provided Data is forbidden in all circumstances and Licensee is responsible for ensuring compliance with this provision prior to any onward dissemination of DOL provided Data. Evidence of compliance with this provision is required to be presented to DOL during each audit.
Off-Shoring. Service Provider shall not and shall prohibit its Network Providers and other subcontractors from using any individual or entity to perform any services for Plans (including, without limitation, the receipt, processing, transferring, handling, storing, maintaining, creating, or accessing of PHI or PII for any period of time for any reason) if the individual or entity is physically located outside of one of the forty-eight (48) contiguous states of the United States (“Offshore Entity”), unless: (a) Company, in its sole discretion and judgment, agrees in advance and in writing to the use of such Offshore Entity; and (b) such off-shoring of services is permitted by Applicable Law. In the event that Company provides Service Provider or a Network Provider with prior written approval to use an Offshore Entity to perform any services for Plans, Service Provider shall take all steps necessary to ensure that Offshore Entity complies with the requirements of this Agreement and Applicable Law. Service Provider further agrees that Company has the right to audit any Offshore Entity prior to the Offshore Entity’s provision of services for Plans.
Off-Shoring. The Supplier shall obtain the consent of HSBC before supplying any part of the Services from a country other than the relevant Country. Such consent shall not be unreasonably withheld to the extent that the Supplier can satisfy HSBC that the provision of such services from outside the relevant Country will not result in:
