Common use of Purchase of Services Clause in Contracts

Purchase of Services. If this Order includes the provision of software support or maintenance services, then the following additional terms and conditions shall apply to this Agreement: (a) If Licensor’s work under this Order involves operations by Licensor on the premises of GE or one of its customers, Licensor shall take all necessary precautions to prevent the occurrence of any injury to persons or damage to property during the progress of such work, and except to the extent that any such injury or damage is due solely to GE’s or its Customer’s negligence, shall defend and indemnify GE against any claim which may result in any way from any act or omission of Licensor, its agents, employees or subcontractors. (b) Notwithstanding the any other provisions of this Agreement, Licensor shall keep confidential any technical, process or economic information provided by or derived from drawings, specifications and other data furnished by GE in connection with this Order and shall not directly or indirectly divulge such information for the benefit of any other party without obtaining GE’s prior written consent (and, if applicable, the consent of the U.S. Government). Except as required for the efficient performance of this Order, Licensor shall not use such information or make or permit copies to be made of such information without prior written consent of GE. If any reproduction is made with prior consent, notice referring to the requirements of the foregoing paragraph shall be provided thereon. Upon completion or termination of this Agreement, Licensor shall promptly return to GE all materials incorporating any such information and any copies thereof, except for one record copy. (c) Licensor is and shall remain for all purposes an independent contractor, and it shall have no power, nor shall it represent that it has any power, to bind GE or to assume or create any obligation, expressed or implied, on behalf of GE. (d) “Personal Data” includes any information relating to an identified or identifiable natural person; “GE Personal Data” includes any Personal Data obtained by Licensor from GE; and “Processing” includes any operation or set of operations performed upon Personal Data, such as collection, recording, storage, alteration, retrieval, consultation, disclosure by transmission, blocking, or destruction. (ii) Licensor, including its staff, shall Process GE Personal Data only on a need-to-know basis and only to the extent necessary to perform this Agreement.

Purchase of Services. If this Order includes the provision of software support or maintenance services, then the following additional terms and conditions shall apply to this Agreement: (a) If Licensor’s work under this Order involves operations by Licensor on the premises of GE or one of its customers, Licensor shall take all necessary precautions to prevent the occurrence of any injury to persons or damage to property during the progress of such work, and except to the extent that any such injury or damage is due solely to GE’s or its Customer’s negligence, shall defend and indemnify GE against any claim which may result in any way from any act or omission of Licensor, its agents, employees or subcontractors. (b) Notwithstanding the any other provisions of this Agreement, Licensor shall keep confidential any technical, process or economic information provided by or derived from drawings, specifications and other data furnished by GE in connection with this Order and shall not directly or indirectly divulge such information for the benefit of any other party without obtaining GE’s prior written consent (and, if applicable, the consent of the U.S. Government). Except as required for the efficient performance of this Order, Licensor shall not use such information or make or permit copies to be made of such information without prior written consent of GE. If any reproduction is made with prior consent, notice referring to the requirements of the foregoing paragraph shall be provided thereon. Upon completion or termination of this Agreement, Licensor shall promptly return to GE all materials incorporating any such information and any copies thereof, except for one record copy. (c) Licensor is and shall remain for all purposes an independent contractor, and it shall have no power, nor shall it represent that it has any power, to bind GE or to assume or create any obligation, expressed or implied, on behalf of GE. (d) “Personal Data” includes any information relating to an identified or identifiable natural person; “GE Personal Data” includes any Personal Data obtained by Licensor from GE; and “Processing” includes any operation or set of operations performed upon Personal Data, such as collection, recording, storage, alteration, retrieval, consultation, disclosure by transmission, blocking, or destruction. (ii) Licensor, including its staff, shall Process GE Personal Data only on a need-to-know basis and only to the extent necessary to perform this Agreement.to-