Common use of Security and Conduct Clause in Contracts

Security and Conduct. 9.1. At all times during the Term, Contractor shall provide the Services and use all resources related thereto, in a secure manner and in accordance with the security requirements set forth herein or otherwise mandated by law or GTA policies, including the prevention and detection of fraud, abuse, or other inappropriate use or access of systems and networks by all appropriate means, including network management and maintenance applications and tools, and the use of appropriate encryption technologies. GTA shall be advised immediately in the event that any security breach or any fraud, abuse, or other inappropriate use or access of systems and networks by inappropriate means occurs. 9.2. While on GTA or State Entities site, Contractor’s personnel will comply with all with all applicable laws, rules and regulations, as well as State and GTA policies and standards. State Entity In the event that any of Contractor’s or a subcontractor’s personnel do not comply with such requirements, GTA, in its sole reasonable discretion, may have the personnel’s access revoked and/or have such personnel removed from the premises. 9.3. If the State Entity believes that the performance or conduct of any personnel employed or retained by Contractor to perform any Services hereunder is unsatisfactory for any reason or is not in compliance with the provisions of this Agreement, the State Entity shall so notify Contractor in writing and Contractor shall promptly address the performance or conduct of such personnel, or, at the State Entity’s request, immediately replace such personnel with another personnel acceptable to the State Entity and with sufficient knowledge, skill, training and expertise to perform the Services in accordance with this Agreement. 9.4. Contractor will identify, screen and prevent, and shall not introduce, any Disabling Device in any equipment or software used by Contractor, subcontractor or a third party. At no cost or expense to the State Entity and without adversely impacting any services used by The State Entity, Contractor shall reduce and/or eliminate the effects of any Disabling Device, including (without limitation) by restoring and/or bearing the cost to re-create any lost data and/or software programming. As used herein, “Disabling Device” shall mean any virus, timer, clock, counter, time lock, time bomb, Trojan horse, worms, file infectors, boot sector infectors or other limiting design, instruction or routine and surveillance software or routines or data gathering or collecting software or devices that could, if triggered, erase data or programming, have an adverse impact on the Services, cause the State Entity resources to become inoperable or otherwise incapable of being used in the full manner for which such resources were intended to be used, or that collect data or information.