ABILITY AND CAPACITY Clause Samples
The 'Ability and Capacity' clause establishes that each party entering into an agreement has the legal authority and competence to do so. In practice, this means that individuals must be of legal age and sound mind, and organizations must have the proper authorization and power under their governing documents to enter into the contract. This clause ensures that the agreement is legally binding and enforceable by confirming that all parties are capable of fulfilling their contractual obligations, thereby reducing the risk of future disputes over validity.
ABILITY AND CAPACITY. The Processer guarantees that it has the necessary technical and organizational capacity, including technical solutions, skills, financial and personnel resources, routines and methods to be able to fulfill the obligations set forth in this DPA and the Data Protection Regulations. Upon the Controller’s request, the Processor shall provide relevant documentation, refer to relevant and approved Code of Conduct or certification, allow for and contribute to audits and inspections and/or provide other adequate evidence, to prove that the Processor fulfills the obligations in this DPA and the Data Protection Regulations. The Processor shall, without undue delay, make relevant information and documents necessary to demonstrate compliance with the obligations in this DPA or Data Protection Regulations available to the Controller and allow for effective audits, conducted by the Controller or another auditor mandated by the Controller, including giving access to the Processor’s premises and equipment for inspection. The Processer shall implement appropriate technical and organizational measures to ensure a level of security adequate given the risk that the Processing of Personal Data entails. The Processor shall only grant access to the Personal Data on a need to know basis to be able to fulfill the Processor’s obligations under this DPA. The Processer shall ensure that persons under the Processor’s authority has undertaken required training and received sufficient instructions to handle the Personal Data in an efficient and secure manner. The Processor shall process the Personal Data, where applicable, in accordance with Public Access to Information and Secrecy Act (2009:400) and in a confidential manner and ensure that persons under the Processor’s authority have committed themselves to an equivalent confidentiality undertaking or are under an appropriate statutory obligation of confidentiality. The Processor shall, without undue relay, and no later than forty eight (48) hours after having become aware, notify the Controller about the existence of or the risk of a Personal Data Incident. Such notification shall include all the necessary and available information for the Controller to be able to take appropriate preventive measures and countermeasures and to fulfill the obligations to notify the competent supervisory authority and/or the data subjects of a Personal Data Incident. The commitment in paragraph 6.2, shall remain in force even after this DPA has been te...
ABILITY AND CAPACITY. FFFC represents and warrants that: (a) it has all permits, approvals, personnel, professional experience, equipment, facilities, funds, and capacity to fully perform it obligations under this Agreement; and (b) that it will not use in any manner, employ, engage or utilize the services of any person who has been or is threatened with debarment under the United States’ Generic Drug Enforcement Act of 1992 or any equivalent law, rule, or regulation outside of the United States, or subject to any other comparable administrative, institutional or other sanction for misconduct.
ABILITY AND CAPACITY. 5.1 The Processer guarantees that it has the necessary technical and organizational capacity, including technical solutions, skills, financial and personnel resources, routines and methods to be able to fulfill the obligations set forth in this DPA and the Data Protection Regulations.
5.2 Upon the Controller’s request, the Processor shall provide relevant documentation, refer to relevant and approved Code of Conduct or certification, allow for and contribute to audits and inspections and/or provide other adequate evidence, to prove that the Processor fulfills the obligations in this DPA and the Data Protection Regulations.
5.3 The Processor shall, without undue delay, make relevant information and documents necessary to demonstrate compliance with the obligations in this DPA or Data Protection Regulations available to the Controller and allow for effective audits, conducted by the Controller or another auditor mandated by the Controller, including giving access to the Processor’s premises and equipment for inspection.
ABILITY AND CAPACITY. 5.1 The Processor guarantees that it has the necessary technical and organizational capacity, including technical solutions, skills, financial and personnel resources, routines and methods to be able to fulfill the obligations set forth in this DPA and the Data Protection Regulations.
5.2 Upon the Controller’s request, the Processor shall provide relevant documentation, refer to relevant and approved Code of Conduct or certification, allow for and contribute to audits and inspections and/or provide any other necessary evidence, to prove that the Processor fulfills the obligations in this DPA and the Data Protection Regulations.
5.3 The Processor shall at the request of the Controller provide the Controller with any relevant information and/or documents necessary to demonstrate compliance with the obligations in this DPA or Data Protection Regulations without undue delay, and allow for effective audits, conducted by the Controller or another auditor mandated by the Controller, including giving access to the Processor’s premises and equipment for inspection.