Successful Respondent. Successful Respondent represents, warrants, and covenants to DIR that:
Successful Respondent. Owned Materials shall remain the property of Successful Respondent. The rights and obligations of DIR, the DIR Customers, Entities that qualify as DIR Customers and their designee(s) with respect to such Successful Respondent Owned Materials following the expiration or any termination of this Agreement, in whole or in part, are set forth in Section 7.6 Ongoing DIR Rights.
Successful Respondent. Personnel Are Not State, DIR, or DIR Customer Employees The Parties intend to create an independent contractor relationship and nothing in this Agreement shall operate or be construed as making the State, DIR, any DIR Customer and Successful Respondent partners, joint venturers, principals, joint employers, agents or employees of or with the other. No officer, director, employee, agent, affiliate, contractor or subcontractor retained by Successful Respondent to perform work hereunder shall be deemed to be an officer, director, employee, agent, affiliate, contractor, or subcontractor of the State, DIR, or any DIR Customer for any purpose. Successful Respondent, not the State, DIR, or the DIR Customers, has the right, power, authority, and duty to supervise and direct the activities of the Successful Respondent Personnel and to compensate such Successful Respondent Personnel for any work performed by them hereunder. Successful Respondent, and not the State, DIR or the DIR Customers, shall be responsible and therefore solely liable for all acts and omissions of Successful Respondent Personnel associated or related in any manner with this Agreement, the Services, DIR Facilities, Successful Respondent Facilities, DIR Confidential Information, or Equipment, including acts and omissions constituting negligence, gross negligence, willful misconduct, and/or fraud.
Successful Respondent. Owned Materials to DIR, the DIR Customers, Entities that qualify as DIR Customers and their designees.
Successful Respondent s Experience and Qualifications 1
Successful Respondent. Section 8.7 Certifications, Section 8.8 Inducements; DIR Code of Ethics, Section 8.9
Successful Respondent. The Respondent with the highest total Proposal score that will be offered the opportunity to serve as the DB Entity and negotiate the DB Contract for the Project.
Successful Respondent. Successful Respondent represents, warrants, and covenants to DIR that: (i) It is a corporation duly incorporated, validly existing and in good standing under the Laws of its state of incorporation; (ii) It has the requisite corporate power and authority to execute, deliver, and perform its obligations under this Agreement;
Successful Respondent. The Respondent(s) or individual(s) who are the recommended recipient(s) of the award of a contract under this ITN (also synonymous with “Payee”, “Offerer,” “Contractor” and “Supplier”). If a Respondent is a manufacturer, its certified dealers and resellers may also furnish products under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract and the term “contractor” shall be deemed to refer to them. Unless awarded the Contract as a direct Respondent, however, dealers and resellers are not parties to the Contract, and the Respondent that certifies them shall be responsible for their actions and omissions. • ADA Compliance – the products and/or services proposed and/or the technical environment containing them shall comply with The Americans with Disability Act of 1990 (“ADA”) and conforms to the latest version of the Web Content Access Guidelines (WCAG 2.0 AA). • University – University of West Florida, University of West Florida’s Board of Trustees is a public body corporate of the State of Florida.
Successful Respondent. Insolvency Subject to relevant law, DIR may terminate this CTSA if Successful Respondent: