Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS. b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract. c. Buyer shall have the right to audit Seller’s compliance with this Article. d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose. e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 6 contracts
Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement
Electronic Access. a. Buyer may (in at its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, including but not limited to, facilities, network communications communication systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Insitu Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Insitu Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING INSITU SYSTEMS ARE PROVIDED ON AN "“AS IS" ” AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. INSITU SYSTEM. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Insitu Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. . Buyer shall have the right to audit Seller’s compliance with this Article.
d. . Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Insitu Systems; any communications or data transiting or stored on Boeing Insitu Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. . Any security breach of the Boeing Insitu Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Cure and Default” Article of this Contract.
Appears in 6 contracts
Sources: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement
Electronic Access. a. Buyer Jeppesen may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in BuyerJeppesen’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of BuyerJeppesen, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Jeppesen Systems”) during the term of this Contract PO to the extent necessary for Seller to perform this Contractthe services hereunder. Seller personnel shall will not access or use the Boeing Jeppesen Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING JEPPESEN SYSTEMS ARE PROVIDED ON AN "AS “AS-IS" AND ” and “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER JEPPESEN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY AVAILABLITY OF ANY BOEING JEPPESEN SYSTEMS.
b. . Jeppesen may elect to provide Jeppesen hardware to Seller for the sole purpose of accessing Jeppesen Systems to perform services hereunder. Seller and Seller personnel are required to obtain express written consent from Jeppesen’s duly authorized representative prior to use of non-Jeppesen assets to access Jeppesen Systems. In addition to any other rights and obligations set forth in any relevant ContractAgreement, Seller acknowledges that any information accessed through the Boeing Jeppesen Systems, whether or not marked as “proprietary” ”, “confidential”, or equivalent, shall will be considered as proprietary to Buyer Jeppesen and shall will be protected by Seller in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Section 13 (Confidentiality) above. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Jeppesen Systems; any communications or data transiting or stored on Boeing Jeppesen Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. . Any security breach of the Boeing Jeppesen Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall Section will be grounds for default in accordance with the “Cancellation for Default” Article of this ContractSection 7 (Cancellation) above.
Appears in 6 contracts
Sources: Purchase Order, General Terms and Conditions, General Terms and Conditions
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/terms_conditions/Terms-of-Use-of-Boeing-Electronic-Systems-Supplement.pdf, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 4 contracts
Sources: Cost Reimbursement Contract, College and University Fixed Price Contract, Fixed Price Services Contract
Electronic Access. a. Buyer may (in at its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, including but not limited to, facilities, network communications communication systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Insitu Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Insitu Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING INSITU SYSTEMS ARE PROVIDED ON AN "“AS IS" ” AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. INSITU SYSTEM. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Insitu Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. . Buyer shall have the right to audit Seller’s compliance with this Article.
d. Article 42. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Insitu Systems; any communications or data transiting or stored on Boeing Insitu Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. . Any security breach of the Boeing Insitu Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Cure and Default” Article of this Contract.
Appears in 3 contracts
Sources: Purchase Contract, Purchase Contract, Purchase Contract
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, ▇ (Appendix A) located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Electronic Access. a. Buyer may (may, in its sole discretion) , grant in writing to Seller a limited, nontransferablenon-transferable, nonexclusive, revocable (revocable, in Buyer’s sole discretion) , right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, including facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, ▇ (Appendix A) located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇ which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the article 20 “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract”.
c. Buyer shall have the right to audit Seller’s compliance with this Articlearticle 30.
d. Seller understands and Seller consents and shall ensure that Seller’s personnel and Seller’s Subcontractors understand and consent as follows: Seller Seller, Seller’s personnel and Seller personnel Seller’s Subcontractors have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Articlearticle 30, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the article 7 “Cancellation for Default” Article of this Contract”.
Appears in 2 contracts
Sources: Purchase Order, Purchase Contract
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇Systems, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/terms_conditions/Terms-of-Use-of-Boeing-Electronic-Systems-Supplement.pdf, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 1 contract
Sources: Fixed Price Goods Contract
Electronic Access. a. Buyer may (in its sole discretion) grant in writing The following provisions set forth the additional requirements for Seller's Electronic Access to the Boeing Systems. For purposes of the work to be performed under this contract, the provisions set forth herein relative to Electronic Access shall supersede and replace any prior agreements related to Electronic Access. For purposes of these provisions “Electronic Access” is defined as access by Seller a limitedor any Seller Personnel to the Boeing Systems using any access or transmission method, nontransferableincluding without limitation the World Wide Web, nonexclusiveInternet, revocable (in Buyer’s sole discretion) right for Seller personnel to access or private data transmission lines. For purposes of this provision, “Boeing Systems” is defined as any electronic information systems operated by or on behalf of Buyer, including without limitation, facilities, network equipment, telecommunications networks, software, files and data. For the purpose of this provision, Seller Personnel is defined as any of Seller's employees, contract labor, consultants, advisers, or leased employees who have been authorized to access Boeing Systems.
(a) obtain from Buyer an Electronic Access account and access controls, and (b) participate in a security briefing in accordance with Buyer specifications. Seller shall assign a single focal (who may be changed at any time with written notice to Buyer) to initiate requests for Electronic Access for Seller Personnel, to coordinate security briefings, to coordinate with ▇▇▇▇▇ regarding notices of actual or potential security breaches, and to maintain records. Seller shall take all reasonable precautions to prevent the loss, disclosure, reverse engineering or compromise of Access Controls. Seller shall immediately notify Buyer if it believes that any Access Control has been compromised. Seller shall ensure that Seller Personnel do not access the Electronic Access through any mechanism other than the Access Controls, regardless of whether such alternative is available. Seller acknowledges that the access controls are for specific individual use only, and are not transferable and shall be maintained in confidence by Seller. Seller agrees to review (at least every 3 months) each of Seller Personnel's Electronic Access requirements; provided, however that Seller agrees to immediately initiate a request to terminate the Electronic Access of individual Seller Personnel in the event of the reassignment, resignation or termination of any Seller Personnel to whom Electronic Access has been granted. Buyer may be required to obtain information concerning citizenship or immigrant status of Seller Personnel obtaining Electronic Access. ▇▇▇▇▇▇ agrees to furnish this information when requesting Electronic Access. Information submitted by Seller shall be certified by an authorized representative of Seller as being true and correct. Access to certain Boeing Systems may be limited due to Boeing compliance with applicable U.S. export control laws. Where access is granted, Seller shall be responsible for obtaining all export licenses required, where applicable, for each such Seller Personnel, including to allow such Seller Personnel to perform the work to which he or she is assigned, and Seller shall comply with any additional export control restrictions as required by applicable laws, rules and regulations. To the fullest extent consistent with Applicable Law, ▇▇▇▇▇ has the right to monitor, record, retrieve and disclose to others (including, but not limited to, facilitieslaw enforcement officials) all information, network communications systemsincluding the content of communications, telecommunications systemsrelated to any Electronic Access by Seller and Seller Personnel. In the event Seller discovers or is notified of a security breach or potential security breach, softwareSeller shall immediately: 1) notify Buyer of such security breach or potential security breach and of the Proprietary Information and Materials involved; and, applications2) assist Buyer in investigating, information remedying (including assurance of nonrecurrence) and datataking any other action Buyer deems necessary regarding any security breach or potential security breach and any dispute, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contractinquiry or claim that concerns such security breach or potential security breach. Seller personnel shall not access or use make the Boeing Systems for any other purpose. Seller and its personnel’s access notification required in this Section by sending to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇, with a courtesy copy to the applicable procurement representative, an electronic mail message specifying the information required in this Section. Nothing contained in this Section is intended to limit any of Buyer's rights or remedies under this contract or otherwise. Seller agrees to permit Boeing to review its security control procedures and practices via physical or electronic access by Boeing, including access to Seller facilities in which is incorporated herein by referencesuch systems are located, with the revision date applicable as well as any and all premises where maintenance, storage or backup activities are performed. Seller agrees to this Contract being the revision assist Boeing in effect as investigating, remedying (including assurance of the date of Seller’s acceptance of this Contractnonrecurrence) and taking any other action Boeing deems necessary regarding any security breach or potential security breach and any dispute, inquiry or claim that concerns such security breach or potential security breach. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, ELECTRONIC ACCESS. Any material breach of this Section 41 by Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall may be considered as proprietary a major breach of this contract for which ▇▇▇▇▇ may elect to cancel any open orders between Buyer and shall be protected the Seller, for cause, in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements provision of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “order entitled "Cancellation for Default” Article " or exercise any other right of Buyer for an Event of Default under this Contractcontract.
Appears in 1 contract
Sources: Fixed Price Services Contract
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇Systems, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, /terms_conditions/Terms-of-Use-of-Boeing-Electronic-Systems-Supplement.pdf which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 1 contract
Sources: Labor Hour/Time & Material Contract
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, /terms_conditions/Terms-of-Use-of-Boeing-Electronic-Systems-Supplement.pdf which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 1 contract
Sources: Fixed Price Goods Contract
Electronic Access. a. Buyer AerData may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in BuyerAerData’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of BuyerAerData, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing AerData Systems”) during the term of this Contract PO to the extent necessary for Seller to perform this Contractthe services hereunder. Seller personnel shall will not access or use the Boeing AerData Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING AERDATA SYSTEMS ARE PROVIDED ON AN "AS “AS-IS" AND ” and “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER AERDATA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY AVAILABLITY OF ANY BOEING AERDATA SYSTEMS.
b. . AerData may elect to provide AerData hardware to Seller for the sole purpose of accessing AerData Systems to perform services hereunder. Seller and Seller personnel are required to obtain express written consent from AerData’s duly authorized representative prior to use of non-AerData assets to access AerData Systems. In addition to any other rights and obligations set forth in any relevant ContractAgreement, Seller acknowledges that any information accessed through the Boeing AerData Systems, whether or not marked as “proprietary” ”, “confidential”, or equivalent, shall will be considered as proprietary to Buyer AerData and shall will be protected by Seller in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Section 13 (Confidentiality) above. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing AerData Systems; any communications or data transiting or stored on Boeing AerData Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. . Any security breach of the Boeing AerData Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall Section will be grounds for default in accordance with the “Cancellation for Default” Article of this ContractSection 7 (Cancellation) above.
Appears in 1 contract
Sources: General Terms and Conditions
Electronic Access. a. Buyer may (in its sole discretion) grant in writing The following provisions set forth the additional requirements for Seller's Electronic Access to the Boeing Systems. For purposes of the work to be performed under this contract, the provisions set forth herein relative to Electronic Access shall supersede and replace any prior agreements related to Electronic Access. For purposes of these provisions “Electronic Access” is defined as access by Seller a limitedor any Seller Personnel to the Boeing Systems using any access or transmission method, nontransferableincluding without limitation the World Wide Web, nonexclusiveInternet, revocable (in Buyer’s sole discretion) right for Seller personnel to access or private data transmission lines. For purposes of this provision, “Boeing Systems” is defined as any electronic information systems operated by or on behalf of Buyer, including without limitation, facilities, network equipment, telecommunications networks, software, files and data. For the purpose of this provision, Seller Personnel is defined as any of Seller's employees, contract labor, consultants, advisers, or leased employees who have been authorized to access Boeing Systems.
(a) obtain from Buyer an Electronic Access account and access controls, and (b) participate in a security briefing in accordance with Buyer specifications. Seller shall assign a single focal (who may be changed at any time with written notice to Buyer) to initiate requests for Electronic Access for Seller Personnel, to coordinate security briefings, to coordinate with Buyer regarding notices of actual or potential security breaches, and to maintain records. Seller shall take all reasonable precautions to prevent the loss, disclosure, reverse engineering or compromise of Access Controls. Seller shall immediately notify Buyer if it believes that any Access Control has been compromised. Seller shall ensure that Seller Personnel do not access the Electronic Access through any mechanism other than the Access Controls, regardless of whether such alternative is available. Seller acknowledges that the access controls are for specific individual use only, and are not transferable and shall be maintained in confidence by Seller. Seller agrees to review (at least every 3 months) each of Seller Personnel's Electronic Access requirements; provided, however that Seller agrees to immediately initiate a request to terminate the Electronic Access of individual Seller Personnel in the event of the reassignment, resignation or termination of any Seller Personnel to whom Electronic Access has been granted. Buyer may be required to obtain information concerning citizenship or immigrant status of Seller Personnel obtaining Electronic Access. Seller agrees to furnish this information when requesting Electronic Access. Information submitted by Seller shall be certified by an authorized representative of Seller as being true and correct. Access to certain Boeing Systems may be limited due to Boeing compliance with applicable U.S. export control laws. Where access is granted, Seller shall be responsible for obtaining all export licenses required, where applicable, for each such Seller Personnel, including to allow such Seller Personnel to perform the work to which he or she is assigned, and Seller shall comply with any additional export control restrictions as required by applicable laws, rules and regulations. To the fullest extent consistent with Applicable Law, Buyer has the right to monitor, record, retrieve and disclose to others (including, but not limited to, facilitieslaw enforcement officials) all information, network communications systemsincluding the content of communications, telecommunications systemsrelated to any Electronic Access by Seller and Seller Personnel. In the event Seller discovers or is notified of a security breach or potential security breach, softwareSeller shall immediately: 1) notify Buyer of such security breach or potential security breach and of the Proprietary Information and Materials involved; and, applications2) assist Buyer in investigating, information remedying (including assurance of non-recurrence) and datataking any other action Buyer deems necessary regarding any security breach or potential security breach and any dispute, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contractinquiry or claim that concerns such security breach or potential security breach. Seller personnel shall not access or use make the Boeing Systems for any other purpose. Seller and its personnel’s access notification required in this Section by sending to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇, with a courtesy copy to the applicable procurement representative, an electronic mail message specifying the information required in this Section. Nothing contained in this Section is intended to limit any of Buyer's rights or remedies under this contract or otherwise. Seller agrees to permit Boeing to review its security control procedures and practices via physical or electronic access by Boeing, including access to Seller facilities in which is incorporated herein by referencesuch systems are located, with the revision date applicable as well as any and all premises where maintenance, storage or backup activities are performed. Seller agrees to this Contract being the revision assist Boeing in effect as investigating, remedying (including assurance of the date of Seller’s acceptance of this Contractnonrecurrence) and taking any other action Boeing deems necessary regarding any security breach or potential security breach and any dispute, inquiry or claim that concerns such security breach or potential security breach. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, ELECTRONIC ACCESS. Any material breach of this Section 44 by Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall may be considered as proprietary a major breach of this contract for which Buyer may elect to cancel any open orders between Buyer and shall be protected the Seller, for cause, in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements provision of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “order entitled "Cancellation for Default” Article " or exercise any other right of Buyer for an Event of Default under this Contractcontract.
Appears in 1 contract
Sources: Services Agreement
Electronic Access. a. Buyer may (in at its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, including but not limited to, facilities, network communications communication systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Insitu Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Insitu Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING INSITU SYSTEMS ARE PROVIDED ON AN "“AS IS" ” AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMSINSITU SYSTEM.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Insitu Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Insitu Systems; any communications or data transiting or stored on Boeing Insitu Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Insitu Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Cure and Default” Article of this Contract.
Appears in 1 contract
Sources: Purchase Order
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, ▇ (Appendix
A) located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 1 contract
Sources: Purchase Agreement
Electronic Access. a. Buyer may (in its sole discretion) grant in writing to Seller a limited, nontransferable, nonexclusive, revocable (in Buyer’s sole discretion) right for Seller personnel to access electronic information systems operated by or on behalf of Buyer, including, but not limited to, facilities, network communications systems, telecommunications systems, software, applications, information and data, (collectively, the “Boeing Systems”) during the term of this Contract to the extent necessary for Seller to perform this Contract. Seller personnel shall not access or use the Boeing Systems for any other purpose. Seller and its personnel’s access to and use of the Boeing Systems shall be in accordance with the Terms of Use of Boeing Electronic Systems set forth in Document ▇▇▇-▇▇-▇▇, ▇ (Appendix A) located at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇ which is incorporated herein by reference, with the revision date applicable to this Contract being the revision in effect as of the date of Seller’s acceptance of this Contract. BOEING SYSTEMS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND SELLER EXPRESSLY AGREES THAT BUYER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RELIABILITY AND AVAILABILITY OF ANY BOEING SYSTEMS.
b. In addition to any other rights and obligations set forth in any relevant Contract, Seller acknowledges that any information accessed through the Boeing Systems, whether or not marked as “proprietary” or equivalent, shall be considered as proprietary to Buyer and shall be protected in accordance with the “Confidential, Proprietary and Trade Secret Information and Materials” Article of the Contract.
c. Buyer shall have the right to audit Seller’s compliance with this Article.
d. Seller and Seller personnel understand and consent as follows: Seller and Seller personnel have no reasonable expectation of privacy in any communications or data, personal or otherwise, transiting or stored on Boeing Systems; any communications or data transiting or stored on Boeing Systems may be monitored, intercepted, recorded, and searched at any time and for any lawful purpose, and may be used or disclosed for any lawful purpose.
e. Any security breach of the Boeing Systems or other breach of the requirements of this Article, including the requirements set forth in the Terms of Use of Boeing Electronic Systems, shall be grounds for default in accordance with the “Cancellation for Default” Article of this Contract.
Appears in 1 contract
Sources: Purchase Agreement