Review by Authority and City Agencies
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Governing Law, Regulatory Authority, and Rules The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the state of New York, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.
Regulatory Authorizations Each Party represents and warrants that it has, or applied for, all regulatory authorizations necessary for it to perform its obligations under this Agreement.
Regulatory Authority If any regulatory authority having jurisdiction (or any successor boards or agencies), a court of competent jurisdiction or other Governmental Authority with the appropriate jurisdiction (collectively, the ''Regulatory Body'') issues a rule, regulation, law or order that has the effect of cancelling, changing or superseding any term or provision of this Agreement (the ''Regulatory Requirement''), then this Agreement will be deemed modified to the extent necessary to comply with the Regulatory Requirement. Notwithstanding the foregoing, if a Regulatory Body materially modifies the terms and conditions of this Agreement and such modification(s) materially affect the benefits flowing to one or both of the Parties, as determined by either of the Parties within twenty (20) business days of the receipt of the Agreement as materially modified, the Parties agree to attempt in good faith to negotiate an amendment or amendments to this Agreement or take other appropriate action(s) so as to put each Party in effectively the same position in which the Parties would have been had such modification not been made. In the event that, within sixty (60) days or some other time period mutually agreed upon by the Parties after such modification has been made, the Parties are unable to reach agreement as to what, if any, amendments are necessary and fail to take other appropriate action to put each Party in effectively the same position in which the Parties would have been had such modification not been made, then either Party shall have the right to unilaterally terminate this Agreement forthwith.
Statutory Authority Connecticut General Statute §§ 10a-104, 10a-108, 4a-52a, and 10a-151b provide the University with authority to enter into contracts in the pursuit of its mission.
Cooperation with supervisory authorities 1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
County Review and Approval of Insurance Requirements The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County’s determination of changes in risk exposures.
Institution and Investigator acknowledge that SPONSOR has no obligation to indemnify or be responsible for any loss, claim, cost (including reasonable attorney fees) or demand if and to the extent such losses, claims or demands arise from any injuries or damages resulting from Institution’s, Investigator’s or the Study Personnel’s negligence, breach of this Agreement, failure to adhere to the Protocol, failure to obtain signed informed consent forms, failure to follow Applicable Law, misuse of the Study Drug, unauthorized warranties, or willful misconduct. This indemnification obligation is without prejudice to the precedence of insurance coverage from compulsory clinical trial insurance. 12.3. Zdravotnické zařízení a zkoušející berou na vědomí, že ZADAVATEL nevyplatí žádné odškodnění ani není odpovědný za žádné ztráty, náklady, spory (včetně přiměřených nákladů na právní pomoc) či nároky v souvislosti s újmou či škodou, ke kterým došlo v důsledku nedbalosti na straně zdravotnického zařízení, zkoušejícího a/nebo členů týmu provádějícího klinické hodnocení a/nebo v důsledku toho, že zdravotnické zařízení, zkoušející a/nebo některý člen týmu provádějícího klinické hodnocení porušili ustanovení této smlouvy, porušili ustanovení protokolu, nenechali subjekt hodnocení podepsat informovaný souhlas, porušili ustanovení platných zákonů, chybným způsobem použili studijní léčivo ZADAVATELe, způsobili škodu úmyslným zaviněním a/nebo poskytli neoprávněné záruky. Touto povinností odškodnění není dotčeno přednostní pojistné krytí z povinného pojištění klinického hodnocení.
Pupil Safety and Fingerprinting CONTRACTOR shall comply with all provisions of the Education Code which protect the safety of any pupil that may come in contact with employees of the CONTRACTOR. Pursuant to Education Code section 45125.1, CONTRACTOR shall conduct criminal background checks of ALL employees of CONTRACTOR assigned to the PROJECT site, and shall certify that no employees who have been convicted of serious or violent felonies, as specified in Education Code Section 45125.1, will have contact with pupils, by utilizing the General Certification Regarding Background Checks Form. As part of such certification, CONTRACTOR must provide the District with a list of all employees providing services pursuant to this Agreement, and designate which sites such employees will be assigned. In performing the services set forth in this Agreement, CONTRACTOR shall not utilize any employees who are not included on the above-referenced list. At District’s sole discretion, District may make a finding, as authorized under Education Code section 45125.1, that CONTRACTOR’s employees will have only “limited contact” with pupils. In accordance with Education Code Section 45125.2, a CONTRACTOR performing construction, reconstruction, rehabilitation or repair services to a school facility shall not be required to perform Section 45125.1 background checks of all employees assigned to the PROJECT site if such CONTRACTOR installs a physical barrier at the worksite to limit employee contact with pupils and/or provides continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the CONTRACTOR whom the Department of Justice has ascertained has not been convicted of a violent or serious felony. Such CONTRACTOR shall certify to the District its compliance with one of the aforementioned alternatives under Education Code Section 45125.2 pertaining to pupil safety with the form entitled CONSTRUCTION CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS which is on file at the Administrative Office of the DISTRICT. Contractor’s failure to comply with the law or Article VI, Paragraph 4 of this Agreement shall be considered a material breach of this Agreement upon where this Agreement may be terminated, at District’s sole discretion, without any further compensation to Contractor.
COMPETENT SUPERVISORY AUTHORITY Identify the competent supervisory authority/ies in accordance with Clause 13 … ANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA EXPLANATORY NOTE: The technical and organisational measures must be described in specific (and not generic) terms. See also the general comment on the first page of the Appendix, in particular on the need to clearly indicate which measures apply to each transfer/set of transfers. Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons. [Examples of possible measures: • Measures of pseudonymisation and encryption of personal data • Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services • Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident • Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing • Measures for user identification and authorisation • Measures for the protection of data during transmission • Measures for the protection of data during storage • Measures for ensuring physical security of locations at which personal data are processed • Measures for ensuring events logging • Measures for ensuring system configuration, including default configuration • Measures for internal IT and IT security governance and management • Measures for certification/assurance of processes and products • Measures for ensuring data minimisation • Measures for ensuring data quality • Measures for ensuring limited data retention • Measures for ensuring accountability • Measures for allowing data portability and ensuring erasure]
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