Performance of Government Functions Nothing contained in this contract shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.
U.S. Government End Users The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
Government End Users The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Federal Government End Use Provisions We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Us to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
Duties and functions 23.2.1 The Independent Engineer shall discharge its duties and functions substantially in accordance with the terms of reference set forth in Schedule-Q.
Government Responsibilities (a) The Government has principal responsibility for overseeing and managing the implementation of the Program.
Primary Function The primary function of the Program Manager is to provide strategic guidance and direction to the Project Team and to manage the Project on behalf of the Owner. Program Manager agrees that the services provided by the Program Manager are intended to coordinate and complement the activities of the Project Team, but not to diminish, alter or substitute for any of the services, authority, obligations or responsibilities being provided by the Design Professional and CM/GC under their respective contracts. Nothing herein shall be deemed to impose upon the Program Manager any responsibilities to provide any services constituting the practice of architecture, engineering, or any related design profession, or to provide any services constituting construction or means and methods of construction. The Program Manager should seek to exercise its authority through sound principles of leadership and persuasion to achieve effective coordination of the design and construction of the Project. The Program Manager should use its authority to direct the activities of the Design Professional and CM/GC within the requirements of their respective contracts; or in unusual or ambiguous situations, after consultation with the Owner and under the specific direction of the Owner.
Registry Functions Activity Report This report shall be compiled in a comma separated-value formatted file as specified in RFC 4180. The file shall be named “gTLD-activity-yyyymm.csv”, where “gTLD” is the gTLD name; in case of an IDN-TLD, the A-label shall be used; “yyyymm” is the year and month being reported. The file shall contain the following fields: Field # Field Name Description 01 operational-registrars number of operational registrars at the end of the reporting period 02 ramp-up-registrars number of registrars that have received a password for access to OT&E at the end of the reporting period 03 pre-ramp-up-registrars number of registrars that have requested access, but have not yet entered the ramp-up period at the end of the reporting period 06 web-whois-queries number of Web-based Whois queries responded during the reporting period, not including searchable Whois 09 dns-udp-queries-responded number of DNS queries received over UDP transport that were responded during the reporting period 10 dns-tcp-queries-received number of DNS queries received over TCP transport during the reporting period 11 dns-tcp-queries-responded number of DNS queries received over TCP transport that were responded during the reporting period 12 srs-dom-check number of SRS (EPP and any other interface) domain name “check” requests responded during the reporting period 13 srs-dom-create number of SRS (EPP and any other interface) domain name “create” requests responded during the reporting period 14 srs-dom-delete number of SRS (EPP and any other interface) domain name “delete” requests responded during the reporting period 15 srs-dom-info number of SRS (EPP and any other interface) domain name “info” requests responded during the reporting period 16 srs-dom-renew number of SRS (EPP and any other interface) domain name “renew” requests responded during the reporting period 17 srs-dom-rgp-restore-report number of SRS (EPP and any other interface) domain name RGP “restore” requests delivering a restore report responded during the reporting period 18 srs-dom-rgp-restore-request number of SRS (EPP and any other interface) domain name RGP “restore” requests responded during the reporting period 19 srs-dom-transfer-approve number of SRS (EPP and any other interface) domain name “transfer” requests to approve transfers responded during the reporting period 20 srs-dom-transfer-cancel number of SRS (EPP and any other interface) domain name “transfer” requests to cancel transfers responded during the reporting period 21 srs-dom-transfer-query number of SRS (EPP and any other interface) domain name “transfer” requests to query about a transfer responded during the reporting period 22 srs-dom-transfer-reject number of SRS (EPP and any other interface) domain name “transfer” requests to reject transfers responded during the reporting period 23 srs-dom-transfer-request number of SRS (EPP and any other interface) domain name “transfer” requests to request transfers responded during the reporting period 24 srs-dom-update number of SRS (EPP and any other interface) domain name “update” requests (not including RGP restore requests) responded during the reporting period 25 srs-host-check number of SRS (EPP and any other interface) host “check” requests responded during the reporting period 26 srs-host-create number of SRS (EPP and any other interface) host “create” requests responded during the reporting period 27 srs-host-delete number of SRS (EPP and any other interface) host “delete” requests responded during the reporting period 28 srs-host-info number of SRS (EPP and any other interface) host “info” requests responded during the reporting period 29 srs-host-update number of SRS (EPP and any other interface) host “update” requests responded during the reporting period 30 srs-cont-check number of SRS (EPP and any other interface) contact “check” requests responded during the reporting period 32 srs-cont-delete number of SRS (EPP and any other interface) contact “delete” requests responded during the reporting period 33 srs-cont-info number of SRS (EPP and any other interface) contact “info” requests responded during the reporting period 34 srs-cont-transfer-approve number of SRS (EPP and any other interface) contact “transfer” requests to approve transfers responded during the reporting period 35 srs-cont-transfer-cancel number of SRS (EPP and any other interface) contact “transfer” requests to cancel transfers responded during the reporting period 36 srs-cont-transfer-query number of SRS (EPP and any other interface) contact “transfer” requests to query about a transfer responded during the reporting period 37 srs-cont-transfer-reject number of SRS (EPP and any other interface) contact “transfer” requests to reject transfers responded during the reporting period 38 srs-cont-transfer-request number of SRS (EPP and any other interface) contact “transfer” requests to request transfers responded during the reporting period 39 srs-cont-update number of SRS (EPP and any other interface) contact “update” requests responded during the reporting period The first line shall include the field names exactly as described in the table above as a “header line” as described in section 2 of RFC 4180. No other lines besides the ones described above shall be included. Line breaks shall be <U+000D, U+000A> as described in RFC 4180. For gTLDs that are part of a single-instance Shared Registry System, the Registry Functions Activity Report may include the total contact or host transactions for all the gTLDs in the system. REGISTRATION DATA PUBLICATION SERVICES
Commercially Useful Function a Small Local Business Enterprise or Emerging Local Business Enterprise (SLBE/ELBE) performs a commercially useful function when it is responsible for execution of the work and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the SLBE/ELBE shall also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quantity and quality, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether an SLBE/XXXX is performing a commercially useful function, an evaluation will be performed of the amount of work subcontracted, normal industry practices, whether the amount the SLBE/ELBE firm is to be paid under the contract is commensurate with the work it is actually performing and the SLBE/ELBE credit claimed for its performance of the work, and other relevant factors. Specifically, a SLBE/ELBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE/ELBE participation, when in similar transactions in which SLBE-ELBE firms do not participate, there is no such role performed. Disadvantaged Business Enterprise (DBE): a certified business that is (1) at least fifty-one (51%) owned by socially and economically Disadvantaged Individuals, or, in the case of a publicly owned business at least fifty-one percent (51%) of the stock is owned by one or more socially and economically Disadvantaged Individuals; and (2) whose daily business operations are managed and directed by one or more socially and economically disadvantaged owners. Disadvantaged Individuals include Black Americans, Hispanic Americans, Asian Americans, and other minorities, or individual found to be disadvantaged by the Small Business Administration pursuant to Section 8 of the Small Business Reauthorization Act. Disabled Veteran Business Enterprise (DVBE): a certified business that is (1) at least fifty-one percent (51%) owned by one or more disabled veterans; and (2) business operations must be managed and controlled by one or more disabled veterans. Disabled Veteran is a veteran of the U.S. military, naval, or air service; the veteran must have a service-connected disability or at least 10% or more; and the veteran must reside in California. The firm shall be certified by the State of California’s Department of General Services, Office of Small and Minority Business. Emerging Business Enterprise (EBE): a business whose gross annual receipts do not exceed the amount set by the City Manager, and which meets all other criteria set forth in the regulations implementing the City’s Small and Local Business Preference Program. The City Manager shall review the threshold amount for EBEs on an annual basis, and adjust as necessary to reflect changes in the marketplace. Emerging Local Business Enterprise (ELBE): a Local Business Enterprise that is also an Emerging Business Enterprise. Local Business Enterprise (LBE): a firm having a Principal Place of Business and a Significant Employment Presence in San Diego County, California, that has been in operation for 12 consecutive months and a valid business tax certificate. This definition is subsumed within the definition of Small Local Business Enterprise. Minority Business Enterprise (MBE): a certified business that is (1) at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of a publicly owned business at least fifty- one percent (51%) of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more minorities owners. Minorities include the groups with the following ethnic origins: African, Asian Pacific, Asian Subcontinent, Hispanic, Native Alaskan, Native American, and Native Hawaiian. Other Business Enterprise (OBE): any business which does not otherwise qualify as Minority, Woman, Disadvantaged or Disabled Veteran Business Enterprise. Principal Place of Business: a location wherein a firm maintains a physical office and through which it obtains no less than fifty percent (50%) of its overall customers or sales dollars. Significant Employee Presence: no less than twenty-five percent (25%) of a business’s total number of employees are domiciled in San Diego County. Small Business Enterprise (SBE): a business whose gross annual receipts do not exceed the amount set by the City Manager, and that meets all other criteria set forth in regulations implementing the City’s Small and Local Business Preference Program. The City Manager shall review the threshold amount for SBEs on an annual basis, and adjust as necessary to reflect changes in the marketplace. A business certified as a DVBE by the State of California, and that has provided proof of such certification to the City Manager, shall be deemed to be an SBE. Small Local Business Enterprise (SLBE): a Local Business Enterprise that is also a Small Business Enterprise. Women Business Enterprise (WBE): a certified business that is (1) at least fifty-one percent (51 %) owned by a woman or women, or, in the case of a publicly owned business at least fifty-one percent (51%) of the stock is owned by one or more women; and (2) whose daily business operations are managed and directed by one or more women owners.
Notice to U.S. Government End Users The Licensed Software and Documentation are deemed to be “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7207, as applicable. Consistent with such sections, the Licensed Software and Documentation are licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted pursuant to this License Agreement. Manufacturer is Micro Focus (US), Inc., 000 Xxxx Xxxx Xxxx., Xxxxx 000, Xxxxxxxxx, XX 00000 as or on behalf of Licensor.
