Vendor Responsibilities and Representations Clause Samples
Vendor Responsibilities and Representations. 4.1 Vendor Responsibilities Vendor will:
a) As applicable, securely manage i) any IBM Client Information received from IBM Clients, ii) passwords for IBM Clients and iii) any other access identifications or credentials used for its Product, and ensure that none of the foregoing is provided to IBM except as may be required for IBM to fulfill Product orders;
b) maintain physical, technical and administrative security procedures and practices equal to or better than industry standards for ensuring protection of the Product, including content stored in the Product, from unauthorized access, destruction, use, modification or disclosure;
c) if necessary for Product fulfillment, within two (2) days following an IBM Client’s purchase of the Product from IBM and receipt of instruction from IBM to commence delivery (i) provision IBM Client’s account, and (ii) provide information to IBM Client and IBM to enable IBM Client to access and use the Product, including information regarding service entitlement or access codes or confirmation to IBM of Product entitlement, access requirements or service credentials;
d) if applicable, add Product to an IBM Digital Platform repository to enable IBM to fulfill IBM Client orders of such Product;
e) not use a Digital Platform or a Product Listing for unlawful, obscene, offensive or fraudulent purpose or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, viruses or harmful code, or violating third party rights;
f) not perform any technical security test, penetration test, or vulnerability scan of any Digital Platform; and
g) comply, and ensure that the Product Listing and the Vendor Materials comply, with data privacy laws and regulations such as the European General Data Protection Regulation (EU/2016/679) (“GDPR”) if and to the extent applicable. If required under applicable law or regulation, Vendor will obtain consent or otherwise have a legal basis to use, provide, store and process Vendor Material, including but not limited to consent of data subjects necessary to comply with data privacy laws such as GDPR, if applicable, and grant IBM permission to do the same.
Vendor Responsibilities and Representations. The Vendor warrants the following:
1. Vendor shall be fully permitted and licensed to prepare, serve, and sell food in the State of Florida, County of Escambia, under all applicable laws, statutes, and ordinances. Vendor shall perform in compliance with all applicable health and fire codes, permits, restrictions, regulations, and laws.
2. The Vendor is an Independent Vendor and will perform all services specified in this Agreement in that capacity. The Vendor will not hire District employees to assist in the performance of this Agreement. Vendor shall be solely responsible for the collection, reporting, and payment of all taxes related to products sold at the event. The District/school is not obligated and does not agree to pay any federal, state, or local tax as a result of this Agreement. The District/school does not guarantee the Vendor any minimum or maximum amount of business under this Agreement.
3. To help to support student extracurricular activities at the schools, the Vendor may give a donation from its total sales revenue made at the school event to the host school site. Prior to leaving the event, the Vendor shall submit the donation to the designated site personnel.
4. No food truck sales can be held on school locations until at least thirty (30) minutes after the conclusion of the last designated meal service period during the school hours.
5. Vendor shall arrive at the District/school event location in sufficient time to be fully set up and ready to serve the food from its Food Truck a minimum of thirty (30) minutes prior to the start of the event and shall remain open serving food through the end of the event. Vendor shall participate, rain or shine, unless notified by the District/school that the event has been cancelled. Vendor and the District/school shall provide written notice of cancellation, at minimum, twenty-four (24) hours prior to the event when possible.
6. Vendor shall be equipped to accept cash and credit card for purchases from the Food Truck.
7. Vendor shall only utilize the space assigned to it by the District/school for any event. Vendor shall use its best efforts to ensure that its employees and subVendors comply with all site rules and regulations while on District/school property.
8. Vendor is responsible for the safety and security of their own property and equipment at all times. There will be limited security assigned to the entire event site. No security personnel will be assigned specifically to any particular vend...