Possible Additions and Variations to Core Requirements Sample Clauses

Possible Additions and Variations to Core Requirements. This section covers the possible future requirements for the NDR. It is expected that any tender should reflect understanding and demonstrate wherever appropriate how any proposed solutions may fulfil these requirements in the future: Ref Requirement type Requirements Outline P01 Data Extract (Subscription basis) The Energy Industry may be approved to use the NDR data in the future for marketing purposes e.g. target landlords for energy improvement products. This is not currently allowed for in the Regulations. This data must be aggregated over a number of buildings to protect privacy and could be provided on a subscription basis. An aggregate data extract facility should therefore be available to supply this data to them. This data may be sold on a cost or licence basis therefore any subscription costs should also be collected and recorded for internal reporting purposes. P02 Bulk Data Extraction With all long-term data storage capabilities there are many scenarios where the data may need to be bulk extracted from the repository for transferring to another repository. For example: • The technical platform becomes obsolete – for example due to changing business requirements – and a non-transparent upgrade path requires the existing NDR data to be extracted and transferred into the new NDR. • Continual non-conformance to the Service Level Agreement results in the contract being terminated and awarded to another supplier. The new NDR Operator may choose a different Operational Platform that requires the NDR data to be extracted and transferred during hand-over period. • Other government departments or agencies may be granted access to the data for specific purposes and need to perform bulk extracts of data from the NDR for populating another repository. As part of any solution the NDR Operator will need to demonstrate: • The data can be extracted from the NDR in a platform neutral format – ideally by reconstructing the original messages – in order to migrate the data to another Non Domestic Report Register possibly on a different operational platform. • Any proprietary or licensable software required for this extraction is identified with the expected cost of any licensing payment. Wherever possible at least one viable alternative should also be identified. • The solution allows for selective extraction of data – e.g. All Energy Performance Reports registered between two dates – so that staged transference can occur during any handover period. The data to be...
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Related to Possible Additions and Variations to Core Requirements

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Application of General Conditions These General Conditions set forth the terms and conditions generally applicable to the Development Grant Agreement to the extent and subject to any modifications set forth in such agreement.”

  • Amendments, Changes and Modifications Except as to the termination rights of both Parties as indicated in the Facilities Lease, this Site Lease may not be amended, changed, modified, altered or terminated without the written agreement of both Parties hereto.

  • Effect and invariability of the Clauses (a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

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