Engagement of Subcontractors. The Agent shall not engage any Subcontractor (other than an Affiliate properly authorized to provide such Services) to perform all or any part of the Services on the Agent’s behalf and in the Agent’s stead without the Funds’ prior written consent. In the event that the Funds consent to the Agent’s engagement of a Subcontractor to perform any portion of the Services and the Agent so engages the Subcontractor, the Agent shall be responsible for, and shall (a) comply with Applicable Laws relating to the use of any Subcontractors, including, without limitation, Regulation S-P and Rule 17Ad-7(g) under the 1934 Act and (b) meet all of the Agent’s obligations and warranties with respect to the Services, the Agent Facilities and Agent Premises as to work conducted by the Subcontractor. The Agent shall guarantee, and be fully liable for, all actions of the Subcontractors under any such agreements. All entities that perform such services on an industry-wide basis, such as, by way of example, the NSCC and those referred to in Section 13.5 of this Agreement, are not deemed to be, and are not Subcontractors under this Section 4.2.1, and the Agent shall have no liability for their actions or omissions to act. Further, this Section 4.2.1 is not intended to, and does not, apply (i) to the situation whereby the Agent, in order to provide a service specifically requested by a Fund which the applicable Agent System does not support, such as by way of example and not limitation, escheatment (Trans Union) and third party administration services (Sungard Corbel, Inc.), contracts with a third party vendor to use such third party vendor’s system or (ii) where the Funds employ an Affiliate of the Agent to provide to the Funds services that are not included within the definition of “Services” in this Agreement. In the event of (i) above, the Agent makes no representations, warranties or covenants concerning the adequacy and sufficiency of the third party vendor’s system, except that the Agent shall enforce on behalf of the Funds whatever representations warranties or covenants it was able to negotiate from such third party vendor. In the event of (ii) above, the Agent makes no warranties, representations, covenants or guarantees concerning such affiliated entities’ performance. Notwithstanding anything to the contrary, the Agent may employ its Affiliates as subcontractors hereunder provided that the requirements of clauses (a) and (b) of the second sentence hereof are met and that ...
Engagement of Subcontractors. State Fund, in its sole discretion, may engage one or more subcontractor entities to perform Services under this Agreement (“Subcontractors”). If State Fund engages any Subcontractors, such engagement shall be pursuant to State Fund corporate policies.
Engagement of Subcontractors. (1) [Option 1:] Within the framework of its contractual obligations, the Processor shall not be entitled to establish subprocessing relationships with subcontractors ("Subcontracting Relationship"). [Option 2:] The contractually agreed-upon services, or the parts of the services described hereafter, will be executed with the aid of subcontractors named in Annex 4. Within the scope of his contractual obligations, the Processor shall be entitled to establish further subcontracting relationships, provided that the Controller agrees in writing or documented electronic format prior to the assignment of the subcontractor and the Controller is notified as to such relationship in advance. The Processor shall carefully select subcontractors according to their suitability and reliability. When engaging subcontractors, the Processor shall ensure their commitment to confidentiality in line with the provisions of this Agreement and ensure that the Controller is able to directly exercise its rights under the Agreement (particularly the rights of audit and control) against the subcontractors. If subcontractors from a third country are involved, the Processor shall ensure that an adequate level of data protection is guaranteed by the subcontractor in question (for example, by establishing an agreement according to the EU standard data protection clauses). Upon request, the Processor shall demonstrate the conclusion of the aforementioned agreements with his subcontractors. [Option 3:] The contractually agreed-upon services, or the parts of the services described hereafter, will be executed by involving the subcontractors named in Annex 4. Within the scope of his contractual obligations, the Processor shall be entitled to establish further subcontracting relationships. The Processor shall, without undue delay, notify the Controller thereof. The Processor shall carefully select subcontractors according to their suitability and reliability. When engaging subcontractors, the Processor shall ensure their commitment to confidentiality in line with the provisions of this Agreement and ensure that the Controller is able to directly exercise its rights under the Agreement (particularly the rights of audit and control) against the subcontractors. If subcontractors from a third country are involved, the Processor shall ensure that an adequate level of data protection is guaranteed by the subcontractor in question (for example, by establishing an agreement according to the EU standard...
Engagement of Subcontractors. Caesarea may sub-contract the manufacture of NIKI Pumps and Manufacturing Assembly Kits only with the prior written consent of Alaris, which consent shall not be unreasonably withheld; provided, however, that the subcontracting by Caesarea of the NIKI Pumps and Manufacturing Assembly Kits shall not relieve Caesarea of any of its obligations hereunder and Caesarea shall remain responsible for all NIKI Pumps and Manufacturing Assembly Kits subcontracted as if Caesarea had manufactured the NIKI Pumps and Manufacturing Assembly Kits itself. The parties acknowledge and agree that in the event Caesarea elects to sub-contract the manufacture of the NIKI Pumps and/or Manufacturing Assembly Kits, Alaris shall have the right to require that any sub-contractor selected by Caesarea submit to a Good Manufacturing Practice audit by Alaris. If any such sub-contractor does not meet (i) all applicable regulatory requirements relating to the manufacturing of the NIKI Pumps or Manufacturing Assembly Kits, as the case may be, including Good Manufacturing Practices and other requirements of the FDA and applicable US and EU regulatory agencies, including, without limitation, the European Medical Device Directives and EN 46001 or EN 46002, as applicable, and (ii) any additional requirements which Alaris may reasonably require of its own subcontractors, Alaris may withhold its consent to the engagement of such subcontractor.
Engagement of Subcontractors. 7 4.2.2. Further Assurances. 7
Engagement of Subcontractors. YRa+d may engage any other party or person it may determine to be suitably capable and qualified as sub-contractors to undertake the Services. Any such assignment or subcontracting shall not release or discharge the assignor from any obligations under the Agreement.
Engagement of Subcontractors. 8.1 In delivering the Works, the Contractor may engage subcontractors to conduct the Works.
Engagement of Subcontractors. ACRO shall not locate, procure the services of, or enter into a contract with a Subcontractor for the performance of any portions of the Work without HI-POWER's prior written approval. If HI-POWER consents to the engagement of a Subcontractor, no such engagement shall relieve ACRO of any of its duties, responsibilities, obligations or liabilities hereunder. As between HI-POWER and ACRO, ACRO shall be fully responsible and liable for all Work performed by, and all acts, errors, or omissions of, all Subcontractors and other ACRO Responsible Parties arising out of the performance of the Work or activities related thereto. ACRO shall also be solely responsible for ensuring that, throughout performance of the Work, all ACRO Personnel comply with applicable Environmental Laws and other Applicable Laws relating to worker health and safety, this Agreement, and the rules and policies of HI-POWER and its Affiliates. ACRO shall promptly notify HI- POWER of any dispute between ACRO and any Subcontractor that would reasonably be expected to have an impact on the Work, or the performance of ACRO's obligations hereunder and provide a reasonable description thereof. Nothing contained herein shall create any contractual relationship between any Subcontractor and HI-POWER. (b)
Engagement of Subcontractors. (a) Subject to subclauses 7.3(b) and 7.3(c), the Proponent may engage subcontractors to assist it complete the Development, provided that:
Engagement of Subcontractors. (1) The Contractor is entitled to engage subcontractors as additional processors in accordance with the provisions made under section 12 of Attachment 1. The Contractor shall structure the contractual arrangements with the subcontractor in such a way that the same data protection obligations are imposed on the subcontractor with respect to the Contractor that are imposed on the Contractor in this PA, provided that no deviating obligations in favor of a subcontractor were agreed to in this PA. The above obligation expressly applies to the requirements for confidentiality, data privacy and data security in regard to the personal data. By written request, the Customer is entitled to receive information from the Contractor on the data protection obligations of the subcontractor.
