Permission to Perform Testing Sample Clauses

Permission to Perform Testing. Certain laws prohibit any unauthorized attempt to penetrate computer systems. VMU authorizes IBM to perform vulnerability scans and vulnerability assessments, if applicable, as described herein and acknowledges that IBM’s performance of the Services as authorized hereunder constitutes authorized access to VMU’s computer systems. VMU agrees not to disclose the results of the testing(other than as required by applicable laws, regulations and statutes) without IBM’s prior written approval. a. The Services IBM performs entail certain risks. VMU acknowledges and agrees to the following: (1) VMU authorizes IBM to perform a security review of VMU’s selected IP addresses; (2) during such security review, excessive amounts of log messages may be generated resulting in excessive log file disk space consumption; (3) during such security review the performance and throughput of VMU’s system(s) as well as the performance and throughput of associated VMU routers and firewalls may be temporarily degraded; (4) if included in the scope of the Services, physical access during Service Hours is authorized on VMU’s premises during the attempts to penetrate the selected sites; (5) during such security review some data may be changed temporarily as a result of probing vulnerabilities; (6) during such security review VMU computer system(s) may hang or crash resulting in temporary system unavailability; (7) subject to IBM’s confidential obligations as set forth in the Master Services Agreement, IBM may disclose this grant of authority to a Third Party if deemed necessary; (8) IBM and VMU will agree on the testing black-out periods in advance of testing (as a Scheduled Outage); (9) if VMU requests a destructive testing option, and the vulnerability exists and is accessible from the Internet, then the system with the vulnerability will be disrupted by the testing and will probably require manual intervention by VMU to recover the system; and (10) the scan may trigger alarms by intrusion detection systems. b. In the event that IP addresses owned by a Third Party will be subject to scanning hereunder, VMU understands and agrees to the following: (1) to obtain a signed letter from the owner of each such system authorizing IBM to provide Services on that system and indicating the owner’s acceptance of the conditions set forth above and to provide IBM with a copy of such authorization; (2) to be solely responsible for communicating any risks, exposures and vulnerabilities, identified on ...
Sample 1
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Permission to Perform Testing. (i) Without limiting Supplier’s obligations to meet the Service Levels or other performance requirements set forth in this Agreement, the Parties acknowledge and agree to the following with respect to Supplier’s performance of vulnerability scans and vulnerability assessments: (A) Health Net authorizes Supplier to perform a security review of Health Net’s selected IP addresses. Supplier shall not perform scans of IP addresses owned by third parties; (B) Additional log messages may be generated in connection with performance of such reviews resulting in additional log file disk space consumption; (C) The performance and throughput of Health Net’s system(s) as well as the performance and throughput of associated routers and firewalls may be temporarily degraded; (D) As required to perform the Services described in this Section 8.8(b), physical access is authorized on Health Net’s premises during the attempts to penetrate the selected sites; (E) Some data may be changed temporarily as a result of probing vulnerabilities. Supplier shall make sure that such data is changed back to its original form at the end of testing; (F) With prior approval from Health Net, Supplier may disclose this grant of authority to a Subcontractor; and (G) The scan may trigger alarms by intrusion detection systems. (ii) Notwithstanding the foregoing, Supplier agrees that it will perform vulnerability scans and vulnerability assessments in a manner that is consistent with industry standards and the practices of well-managed companies that perform services similar to the Services. (iii) Prior to disclosing the results of any vulnerability scans or penetration tests to a third party, Health Net shall (i) provide Supplier with reasonable notice of such disclosure, and (ii) for vulnerability scans and penetration tests performed on networks and systems that are not dedicated to providing the Services, receive approval from Supplier (not to be unreasonably withheld) prior to making such disclosure. Schedule B B - 1 Health Net IBM / Confidential 1. INTRODUCTION 3 2. DEFINITIONS 3 3. MEASUREMENT, REPORTING AND SUPPORTING INFORMATION 4 4. SERVICE LEVEL METHODOLOGY 6
Sample 1
Permission to Perform Testing. Customer authorizes IBM, and represents that Customer has all Required Consents to permit IBM, to perform the Services described in Sections 3.1(f) and 4.1(h) herein on Base Components and/or Customer Components. Customer agrees not to disclose any information arising out of the scanning of router and switch Base Components and/or Customer Components to any other party without IBM’s prior written consent.
Sample 1

Related to Permission to Perform Testing

  • WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Contractor’s candidates shall complete this Resume Self-Certification Form. Completed Resume Self-Certification Forms shall be submitted within the Contractor’s response to Customer’s requests for quote. “I the undersigned do hereby certify, under the penalty of perjury, that information in my resume submitted for consideration of the State of Florida contract position is true, correct, complete, and made in good faith to the best of my knowledge and belief. If an omission, falsification, misstatement, or misrepresentation has been made regarding my education, work ability, experience, employment history, and/or fitness for employment as a contractor, I may be disqualified as a contractor, and the matter will be reported to appropriate agency or law enforcement personnel. I understand that there may be civil and/or criminal penalties for misrepresenting pertinent information in connection with contract positions, including, but not limited to, penalties available under sections 287.133 or 817.566, Florida Statutes. I further understand that if I am not a United States citizen, violation cases may be reported to the US Department of Homeland Security for potential deportation.” “In addition, I the undersigned do hereby consent to the release of my information by employers, educational institutions, law enforcement agencies, and other individuals and organizations to investigators and other authorized agents of Florida for verification and investigation purposes. I understand that any documents submitted to procure a contract(s) with the State of Florida, including resumes, are public records.” Print Full Legal Name of Candidate Candidate’s Signature Date Candidate’s Form of Identification Presented Identification number Contractor’s Witness Signature One Date Contractor’s Witness Signature Two Date Print Name Contractor’s Witness One Print Name Contractor’s Witness Two Customers shall complete this Contractor Selection Justification Form for each candidate selected and attach all completed forms to the purchase order. Date: Contractor’s Name: Contractor’s Contact Information: Candidate’s Name: Address: _ Phone: _ Email: Date Candidate will be available: _ Hourly rate of candidate: $ Position candidate recommended for: _ Justification for selection of candidate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Agency: Division/Section/Unit: _ Printed Name: _ Title: _ Signature _ Date: Contractor's Name: Quarter: Purchase Order (PO) Number: PO Total $ Amount: PO Starting Date Ending Date Please review the attached Rating Definitions and provide your opinion by rating the following: 1. Effectiveness performing tasks 2. Quality & completeness of work 3 ❒ 3 ❒ 2 ❒ 2 ❒ 1 ❒ 1 ❒

  • Authorization to Perform Services The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written Notice to Proceed from the City.

  • Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

  • Permission to Leave Work The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that each xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no xxxxxxx shall leave their work without permission of their supervisor, which will not be unreasonably withheld.

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Data Necessary to Perform Services The Trust or its agent shall furnish to USBFS the data necessary to perform the services described herein at such times and in such form as mutually agreed upon.

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Right to Perform If Tenant shall fail to pay any sum of money, other than Base Rent or Additional Rent, required to be paid by it under this Lease or shall fail to perform any other act on its part to be performed under this Lease, and such failure shall continue for ten (10) Business Days after notice of such failure by Landlord, or such shorter time if reasonable under the circumstances, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform such other act on Tenant's part to be made or performed as provided in this Lease. Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this paragraph as in the case of default by Tenant in the payment of Base Rent.

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