Topic Description Licensee Responsibilities Licensee must: Take appropriate steps to ensure the security, integrity, and confidentiality of Confidential Information and must comply with all relevant applicable laws and regulations, including laws protecting borrower privacy. Not disclose Confidential Information to third parties, without Xxxxxx Mae’s prior written approval, except on a need‐to‐know basis to Licensee’s partners, Topic Description affiliates, officers, employees, directors, contractors, counsels, agents or representatives, provided they are subject to confidentiality obligations at least as stringent as those set forth in this Section A3. Not use Confidential Information in any way that could be viewed as a conflict of interest, a breach of confidentiality or privacy, or the gaining of an unfair advantage from the relationship with Xxxxxx Xxx. Implement commercially reasonable measures meeting or exceeding industry standards to ensure the security, integrity, and confidentiality of Confidential Information, including using industry‐standard encryption for data in transit and virus checking programs designed to prevent the transmission and receipt of viruses and other malicious code, implementing appropriate disaster recovery and back‐up procedures, implementing appropriate procedures to prevent disclosure of data and other materials to a party other than the intended recipient, and employing methods for securely disposing or destroying such information. These measures must meet, at least, the same level of protection that the Receiving Party seeks for its own information of a similar nature. Licensee must collaborate with Xxxxxx Mae in assessing the sufficiency of these measures and Licensee’s information security program, upon reasonable request. Instruct its Related Parties who may receive Confidential Information about the requirements of this Section A3, and the processes and procedures necessary to comply with them. Comply with all reasonable security policies and procedures required by Xxxxxx Xxx related to the access and use of Xxxxxx Mae’s systems or any Licensed Materials. Not transmit to Xxxxxx Mae’s systems any materials that contain bugs, viruses, worms or other functions, routines, devices or instructions which may create any unauthorized access or damage to, or interruption in the functioning of, the Licensed Application or Xxxxxx Mae’s systems. Restrictive Legends Licensee must abide by and reproduce and include any restrictive legend or proprietary rights notice that appears in or on any Confidential Information of Xxxxxx Xxx or any Third‐Party Licensor (or other third‐party owner) that it is authorized to reproduce. Licensee also agrees that it will not remove, alter, cover or distort any trademark, trade name, copyright or other proprietary rights notices, legends, symbols or labels appearing on or in any Confidential Information of Xxxxxx Mae or any Third‐Party Licensor (or other third‐party owner). Required Actions in Case of Data Breach Licensee must address any Data Breach with prompt and effective corrective action, including cooperation with Xxxxxx Xxx in the investigation and remediation of such Data Breach, as well as prompt disclosure and notification where legally required; and Licensee must promptly notify Xxxxxx Mae of any Data Breach in writing ‐‐ at xxxxxxx_xxxxxxxxxxxx@xxxxxxxxx.xxx ‐‐ and must take all steps reasonably requested by Xxxxxx Xxx to mitigate the consequences of such Data Breach.
PERFORMANCE MEASUREMENTS Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan (SQM) Tennessee Performance Metrics Measurement Descriptions Version 2.00 Issue Date: July 1, 2003 Introduction
Provisional Measures Article 50
Performance Measurement Satisfactory performance of this Contract will be measured by:
Measuring DNS parameters Every minute, every DNS probe will make an UDP or TCP “DNS test” to each of the public-‐DNS registered “IP addresses” of the name servers of the domain name being monitored. If a “DNS test” result is undefined/unanswered, the tested IP will be considered unavailable from that probe until it is time to make a new test.
Performance Metrics In the event Grantee fails to timely achieve the following performance metrics (the “Performance Metrics”), then in accordance with Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph all portions of Grant theretofore funded to and received by Grantee:
Performance Measures and Metrics This section outlines the performance measures and metrics upon which service under this SLA will be assessed. Shared Service Centers and Customers will negotiate the performance metric, frequency, customer and provider service responsibilities associated with each performance measure. Measurements of the Port of Seattle activities are critical to improving services and are the basis for cost recovery for services provided. The Port of Seattle and The Northwest Seaport Alliance have identified activities critical to meeting The NWSA’s business requirements and have agreed upon how these activities will be assessed.
Measuring EPP parameters Every 5 minutes, EPP probes will select one “IP address” of the EPP servers of the TLD being monitored and make an “EPP test”; every time they should alternate between the 3 different types of commands and between the commands inside each category. If an “EPP test” result is undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is time to make a new test.
Performance Evaluations 34.1. The Contractor is subject to an annual performance evaluation to be conducted by NYCDOT pursuant to the PPB Rules.
Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.
