Work Locations, No Offshoring of Data. Unless otherwise agreed in writing, Contractor will not allow any State of Florida data to be accessed outside of the United States. Contractor agrees that a violation will result in immediate and irreparable harm to the Department and will entitle the Department to liquidated damages of $50,000 per violation, with a total cap of $500,000 per event. This is intended only to cover the Department’s internal staffing and administrative costs as well as the diminished value of Services provided under the Contract and will not preclude the Department from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Department to recover damages, if any, arising from a breach of this section and constitutes an event of default.
Work Locations, No Offshoring of Data. Contractor, including its employees, subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other persons operating under their direction, are prohibited from (i) performing any of the Services under the Contract outside of the U.S., or (ii) sending, transmitting, or accessing any State of Florida Data, outside of the U.S. The Parties agree that a violation of this provision will:
(a) result in immediate and irreparable harm to the Department, entitling the Department to immediate injunctive relief, provided, however, this shall not constitute an admission by the Contractor to any liability for damages under subsection (c) below or any claims, liability, or damages to a third party, and is without prejudice to the Contractor in defending such claims.
(b) entitle the Department to a credit of $50,000 per violation, with a cumulative total cap of $500,000 per event. This credit is intended only to cover the Department’s internal staffing and administrative costs of investigations and audits of the transmittal of State of Florida Data outside the U.S.
(c) entitle the Department to recover damages, if any, arising from a breach of this section and beyond those covered under subsection (b).
(d) constitute an Event of Default not subject to the dispute resolution provisions in section 11.7 (“Dispute Resolution, Governing Law and Venue”) of this Contract. The credits in subsection (b) are a reasonable approximation of the internal costs for investigations and audits from a violation. The credits in subsection (b) are a reasonable approximation of the internal costs for investigations and audits from a violation. The credits are in the nature of liquidated damages and not intended to be a penalty on the Contractor. By executing this Contract, Contractor acknowledges and agrees the costs intended to be covered by subsection (b) are not readily ascertainable and will be difficult to prove. Contractor agrees that it will not argue, and is estopped from arguing, that such costs are a penalty or otherwise unenforceable. For purposes of determining the amount of credits due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same offshore entity) shall be treated as a single violation. The credits will be paid to the Department as prescribed by the Department, and are exclusive of any other right to damages.
Work Locations, No Offshoring of Data. Unless otherwise agreed to in writing, Contractor will not perform any Services, in whole or in part, outside the United States and will not allow any State of Florida Data to be transmitted, Accessed or stored outside of the United States. No Subcontractors will perform any Services, in whole or in part, outside the United States. Contractor agrees that a violation of this section will result in immediate and irreparable harm to the Department and will entitle the Department to liquidated damages of $50,000 per violation, with a total cap of $500,000 per event. This is intended only to cover the Department’s internal staffing and administrative costs as well as the diminished value of Services provided under the Contract and will not preclude the Department from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Department to recover damages, if any, arising from a breach of this section and constitutes an event of default.
Work Locations, No Offshoring of Data. Unless otherwise agreed in writing, Contractor will not allow any State of Florida data to be stored outside of the United States. Contractor agrees that a violation of this section will entitle the Department to damages in the amount of the Department’s reasonable internal staffing and administrative costs incurred as a result of the violation, with a total cap of $500,000 per event. This will not preclude the Department from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Department to recover damages, if any, arising from a material breach of this section and which constitutes an event of default.
Work Locations, No Offshoring of Data. Contractor, including its employees, Subcontractor personnel, independent contractors, leased employees, volunteers, licensees, or other persons operating under their direction, are prohibited from (i) performing any of the Services under the Contract outside of the U.S., or (ii) sending, transmitting, or accessing any State of Florida Data, outside of the U.S. The Parties agree that a violation of this provision will:
