SUB CONTRACTUAL RELATIONS. 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-Subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
SUB CONTRACTUAL RELATIONS. 4.1. Processor may employ following other processors (hereinafter referred to as “Subprocessor”)for the purpose of providing certain services respectively: - Equinix, providing providing physical devices in the data center located in Germany and related services; and - Globalswitch, providing physical devices in the data center located in the Netherlandsand related services.
4.2. Prior to employing further or replacing existing Sub-processors listed above, Processor shall inform Controller in due time, in writing.
4.3. Controller may – for important data protection reasons – object to such changes within a reasonable period of time (no longer than Two (2) Weeks) and appeal to the body Processor specified. If there is no objection within the deadline, acceptance of change is considered given. In exceptional cases an agreement in the aftermath shall be possible. Processor then shall inform Controller about the exchange of a Sub-processor in a timely manner.
4.4. If Sub-processor provides agreed service(s) outside the EU/EEA, Controller and Processor shall ensure compliance in terms of data protection by taking appropriate measures.
4.5. Any further outsourcing by Sub-processor requires Controller’s written explicit consent;any contractual provisions with regard to data protection within the contractual chain must also be imposed on the further Sub-processor to ensure data protection requirements are met.
4.6. Subcontracting in the sense of Agreement always refers to services that directly relate to the provision of the main service. This does not include other services provided by Processor, such as the disposal of data carriers and other measures with the aim to ensure confidentiality, availability, integrity and resilience of hard- and soft- ware of data processing systems. However, Processor shall be obliged to hold appropriate and legally compliant contractual agreements and control measures for outsourced ancillary services in order to guaranteeing data protection and data security of Controller‘s data.
SUB CONTRACTUAL RELATIONS. By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all obligations and responsibilities, which the Contractor, by the Contract Documents, assumes toward the District and the Architect. Each subcontract agreement shall preserve and protect the rights of the District and the Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the District. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.
SUB CONTRACTUAL RELATIONS. The OWNER or his designated representative shall have the right prior to or following the execution of the agreement between the CONTRACTOR and any of its subcontractors or material suppliers to review said agreement or agreements in order to assure that such subcontractor or material suppliers are expressly bound by all of the applicable terms, covenants and conditions under this Agreement and the Agreement Documents connected herewith, and the OWNER shall have the right to request modifications to the aforesaid agreement(s) as deemed necessary to fulfill the requirements of this paragraph. Failure of the OWNER to review such agreement(s) shall not relieve the CONTRACTOR from such language and provisions.
SUB CONTRACTUAL RELATIONS. The Processor is entitled to use sub-contractors to fulfil of the Service Agreement and/or this contract. Therefore, the approval of the Controller is required. The approval is regarded as given if • the Processor informs the Controller of the iden- tity of the sub-contractor in text form (attachment 2); • the contractual agreement with the sub-contrac- tor corresponds to the data protection provisions of the contractual relationship between the Con- troller and the Processor; • the ordering party is granted rights to the control and examination of the sub-contractor according to this contract by the assignment of the sub-con- tractor. This explicitly covers the right of the order- ing party to receive information about the main content of the contract and the implementation of data protection obligations in relation to the sub- contractor. The information will be given, upon re- quest, in written form. The ordering party will be given access to the relevant contracts if neces- sary; and • the ordering party did not disagree with the deci- sion within a week of notification. The Processor may only disagree to the use of the sub-contractor if there is sufficient grounds. Third-party services that the Processor is using as an ancillary service for the fulfillment of the contract are not regarded as sub-contractual relations. These include, for example, telecommunication services, maintenance and user support, cleaners, investigators, or data storage and disposal devices. The Processor is obligated to guarantee sufficient data protection and security for the Controller if there is the use of ancillary services by third parties. This is ensured by contracts that meet the legal requirements of data protection law as well as third-party inspection measures.
SUB CONTRACTUAL RELATIONS. 6.1 Sub-contractual relations within the meaning of this regulation should be understood as those services which relate directly to the performance of the main service. This does not include supplementary services which the Agent evokes for other purposes, e.g. telecommunication services, postage/transportation services, maintenance and user services or disposing of data media or other measures for ensuring the confidentiality, availability, integrity and capacity of the hardware and software used in data processing systems. However, the Agent is obliged to establish appropriate and lawful contractual agreements and monitoring measures in order to ensure data protection and data security for the Client’s data, even in the case of outsourced supplementary services.
6.2 By signing this Data Processing Contract, the Client approves the commissioning of sub-contractors as indicated in xxxxx://xxx.xxxxxx.xxx/en/data-protection/.
6.3 Outsourcing further sub-contractors or changing the existing sub-contractor is permitted, provided that: - the Agent informs the Client of this sub-contractor outsourcing in advance within a reasonable period, in written or text form and - the Client does not raise an objection to the planned outsourcing with the Agent within 14 days in written or text form and - a contractual agreement is established subject to Article 28, (2-4) of the GDPR.
SUB CONTRACTUAL RELATIONS. 5.3.1. By appropriate agreement, written where legally required for validity, Contractor shall require each Subcontractor, to the extent of the Work to be performed by Subcontractor, to be bound to Contractor by the same terms and conditions of the Contract Documents. Through that binding commitment, Subcontractor shall assume all the obligations and responsibilities, including the responsibility for safety of Subcontractor’s Work and workers, which Contractor, by these Documents, assumes toward XXXX COUNTY and Design Consultant. Each Subcontractor agreement shall preserve and protect the rights of XXXX COUNTY and Design Consultant under the Contract Documents, with respect to the Work to be performed by Subcontractor, so that subcontracting thereof shall not prejudice such rights. Where appropriate, Contractor shall require each Subcontractor to enter into similar agreements with Sub-Subcontractors. Contractor shall make available to each proposed Subcontractor, prior to the execution of all Subcontractor agreement(s), copies of the Contract Documents to which Subcontractor(s) shall be bound. Subcontractors similarly shall make copies of applicable portions of such documents available to their respective proposed Sub-Subcontractors.
SUB CONTRACTUAL RELATIONS. By an appropriate written agreement, Contractor shall require each sub-contractor, to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement and to assume toward Contractor all obligations and responsibilities which Contractor, by this Agreement, assumes towards the City. Contractor shall make available to each proposed subcontractor prior to the execution of any such agreement, a copy of this Agreement.
SUB CONTRACTUAL RELATIONS. 6.1 Sub-contractual relations within the meaning of this regulation should be understood as those services which relate directly to the performance of the main service. This does not include supplementary services which the Agent evokes for other purposes, e.g. telecommunication services, postage/transportation services, maintenance and user services or disposing of data media or other measures for ensuring the confidentiality, availability, integrity and capacity of the hardware and software used in data processing systems. However, the Agent is obliged to establish appropriate and lawful contractual agreements and monitoring measures in order to ensure data protection and data security for the Client’s data, even in the case of outsourced supplementary services.
6.2 By signing this Data Processing Contract, the Client approves the commissioning of sub-contractors as indicated in xxxxx://xxx.xxxxxx.xxx/en/data-protection/.
6.3 Outsourcing further sub-contractors or changing the existing sub-contractor is permitted, provided that: - the Agent informs the Client of this sub-contractor outsourcing in advance within a reasonable period, in written or text form and - the Client does not raise an objection to the planned outsourcing with the Agent within 14 days in written or text form and - a contractual agreement is established subject to Article 28, (2-4) of the GDPR.
6.4 Subcontractors may only be engaged in third countries if the special requirements of Art. 44 et seq. DS-GVO are fulfilled (e.g. adequacy decision of the Commission, standard data protection clauses, approved codes of conduct).
6.5 The contractor must contractually ensure that the agreed regulations between the client and the contractor also apply to subcontractors. In the contract with the subcontractor, the information shall be specified in such concrete terms that the responsibilities of the contractor and the subcontractor are clearly delineated. If several subcontractors are used, this also applies to the responsibilities between these subcontractors. In particular, the contracting authority must be entitled to carry out appropriate checks and inspections, including on-site checks and inspections, at subcontractors’ premises or have them carried out by third parties commissioned by it, if necessary.
SUB CONTRACTUAL RELATIONS. 6.1 This regulation understands “sub-contractual relations” to mean services provided in direct relation to the commissioned data processing. This does not include any additional services used by the Contractor, such as telecommunications services, postal / transport services, maintenance and user services and the disposal of data carriers, as well as other measures carried out to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing facilities. However, the Contractor shall be obliged to establish appropriate and lawful contractual agreements to ensure the protection and security of the Client’s data, even when outsourcing additional services. Topcart GmbH Xxxxxx-Xxxxxxxxxx-Ring 00-00 X-00000 Wiesbaden Phone: +49 (0)611 - 949 190 Fax: +49 (0)611 - 000 0000 xxxx@xxxxxxx.xxx Place of business: Wiesbaden Local court Wiesbaden HRB: 00000 XXXXX: DE 814683901 Deutsche Bank Wiesbaden IBAN: XX00 0000 0000 0000 0000 00 BIC: XXXXXXXX000 Xxxxxxxxx Xxxxxxxxx XXXX XX 00 0000 0150 0000 7528 00 XXX XXXXXXX0XXX Office Austria Xxxxxxxxxxx Xxx. 000/0, X-0000 Xxxxxx Tel: +43 (0)0-000000-0
6.2 The Contractor may only hire sub-contractors (extra processors) with the express prior written or documented consent of the Client. The Client hereby agrees to the hiring of the following sub-contractors on the basis of a contractual agreement pursuant to Article 28(2-4) of the GDPR: - None -
6.3 The Contractor may change sub-contractors if the Client is notified of such outsourcing suitably in advance in writing or in text form, the Client does not object to the scheduled outsourcing in writing or in text form before the change takes effect, and this is done on the basis of a contractual agreement pursuant to Article 28(2-4) of the GDPR.
6.4 The Contractor may only transfer personal data to sub-contractors – and sub-contractors may only start their work – if all sub- contracting requirements have been met.
