Noncompliance and Applicability Sample Clauses

Noncompliance and Applicability. The Non-Exchange Entity must develop a corrective action plan to mitigate any security and privacy risks if the SPA assessment identifies a deficiency in the Non-Exchange Entity’s security and privacy controls. Alternatively, the Non-Exchange Entity may document why it believes a critical control is not applicable to its system or circumstances. The SPA assessment results do not alter the Agreement between the Non-Exchange Entity and CMS, including any penalties for non-compliance. If the Non- Exchange Entity’s SPA assessment includes findings suggesting significant security or privacy risks, and the Non-Exchange Entity does not commence development and implementation of a corrective action plan to the reasonable satisfaction of CMS, a comprehensive audit may be initiated by CMS, and/or the Agreement between the Non- Exchange Entity and CMS may be terminated for cause. (5) Critical Security and Privacy Controls. The critical controls the Non-Exchange Entity must
Sample 1
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Noncompliance and Applicability. The Web-broker must develop a corrective action plan to mitigate any security and privacy risks if the SPA identifies a deficiency in the Web-broker’s security and privacy controls as documented in a Plan of Action & Milestones (PO&M). Alternatively, the Web-broker may document why it believes a critical control is not applicable to its system or circumstances. The SPA results do not alter this Agreement, including any penalties for non-compliance. If the Web-broker’s SPA includes findings suggesting significant security or privacy risks, and the Web-broker does not commence development and implementation of a corrective action plan to the reasonable satisfaction of CMS, a comprehensive audit may be initiated by CMS, and/or this Agreement may be terminated for cause. In addition, CMS may delay providing final approval or may withdraw prior approval of Web-broker’s DE Environment if the Web-broker does not address to the reasonable satisfaction of CMS the findings suggesting significant security or privacy risks. 10F
Sample 1

Related to Noncompliance and Applicability

  • OFAC Compliance (a) Tenant represents and warrants that (a) Tenant and each person or entity owning an interest in Tenant is (i) not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and (ii) not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States, (b) none of the funds or other assets of Tenant constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person (as hereinafter defined), (c) no Embargoed Person has any interest of any nature whatsoever in Tenant (whether directly or indirectly), (d) none of the funds of Tenant have been derived from any unlawful activity with the result that the investment in Tenant is prohibited by law or that the Lease is in violation of law, and (e) Tenant has implemented procedures, and will consistently apply those procedures, to ensure the foregoing representations and warranties remain true and correct at all times. The term “

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

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