tender for income-generating contracts means a written offer in the form determined by an organ of state in response to an invitation for the origination of income-generating contracts through any method envisaged in legislation that will result in a legal agreement between the organ of state and a third party that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales and disposal of assets through public auctions; and
Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. “Controlling” and “Controlled” have meanings correlative thereto.
Documentation means SAP's then-current technical and functional documentation as well as any roles and responsibilities descriptions, if applicable, for the Cloud Service which is made available to Customer with the Cloud Service.
Deliverables means the work product and other output of the Services required to be delivered by Contractor as part of the Services, as specified in the relevant section of the Contract.
Equipment is all “equipment” as defined in the Code with such additions to such term as may hereafter be made, and includes without limitation all machinery, fixtures, goods, vehicles (including motor vehicles and trailers), and any interest in any of the foregoing.
Operator means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for K–12 school purposes. Any entity that operates an internet website, online service, online application, or mobile application that has entered into a signed, written agreement with an LEA to provide a service to that LEA shall be considered an “operator” for the purposes of this section.
Software means any and all computer programs, including any and all software implementations of algorithms, models and methodologies, whether in source code or object code; databases and compilations, including any and all data and collections of data, whether machine readable or otherwise; descriptions, flow-charts and other work product used to design, plan, organize and develop any of the foregoing, screens, user interfaces, report formats, firmware, development tools, templates, menus, buttons and icons; and all documentation including user manuals and other training documentation related to any of the foregoing.
Project means the goods or Services described in the Signature Document or a Work Order of this Contract.
Facility means the entire operation located on the property where the Equipment is located;
functionality means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.
Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared.
Procuring Entity means the Entity named in the Special Conditions of Contract.
Group the Company and its subsidiaries
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
Collateral has the meaning set forth in Section 2.
System Agency means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services.
Controller means the entity which determines the purposes and means of the Processing of Personal Data.
SOFR means a rate equal to the secured overnight financing rate as administered by the SOFR Administrator.
Contractor means the individual or entity, that has entered into this contract with the Commonwealth.
Engineer means the representative of the Architect/consultant.
Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities.
Delivery means delivery in compliance of the conditions of the contract or order.
Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
Specifications means the Specifications of the Works included in the Contract and any modification or addition made or approved by the Project Manager.
Customer means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The “Customer” may also be the “Buyer” as defined in the PUR 1001 if it meets the definition of both terms.
Statement of Work means the description of activities performed in completing the Project, as specified in the Contract and as may be amended.