Common use of Limitation of Authority Clause in Contracts

Limitation of Authority. Only the AGENT or AGENT’S delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENT. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal information.

Appears in 7 contracts

Samples: Entire Agreement, Entire Agreement, Entire Agreement

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Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractAgreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract Agreement is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S Consultant’s non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract Agreement may be rescinded, canceled canceled, or terminated in whole or in part, and the CONTRACTOR Consultant may be declared ineligible for further contracts with the AGENCYSno-lsle Libraries. The CONTRACTOR Consultant shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION & AFFIRMATIVE ACTION – During the performance of this contractAgreement, the CONTRACTOR Consultant shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information includingThe Consultant agrees not to discriminate against any client, employee or applicant for employment or services because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, “Protected Health Information,” collectedthe following employment upgrading, useddemotion, or acquired transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training or rendition of services. It is further understood that any Consultant who is in connection with violation of this contract clause or an applicable Affirmative Action Program shall be protected against unauthorized use, disclosure, modification barred forthwith from receiving awards of any purchase order from Sno-Isle Libraries unless a satisfactory showing is made that discriminatory practices or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes noncompliance with applicable Affirmative Action Programs have terminated and that a recurrence of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal informationsuch acts is unlikely.

Appears in 6 contracts

Samples: Public Works Agreement, Public Works Agreement, Public Works Agreement

Limitation of Authority. Only the AGENT DES Director or AGENT’S Director’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTDirector or the Director’s delegate. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYDES. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss, in accordance with Federal and State Law. CONTRACTOR Contractor shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR Contractor and its subcontractors agree agrees not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency DES or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY DES for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information.

Appears in 6 contracts

Samples: Des Contract, Des Contract, Des Contract

Limitation of Authority. Only the AGENT or AGENTa WSU UNIVERSITY’S delegate by personnel authorized in writing to bind UNIVERSITY (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractCONTRACT. Furthermore, any alterationAny alterations, amendment, modificationmodifications, or waiver waivers made by UNIVERSITY personnel or any clause or condition of this contract is employees without such written authority will not be effective or binding unless also made in writing and signed by an authorized UNIVERSITY representative. NONDISCRIMINATION During the AGENTperformance of this CONTRACT, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies, including the AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract CONTRACT may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCYUNIVERSITY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract CONTRACT shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency UNIVERSITY or as otherwise required by law. Any breach of this provision may result in termination of the contract CONTRACT and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY UNIVERSITY for any damages related to the CONTRACTOR’S unauthorized use of personal information.

Appears in 3 contracts

Samples: Wsu Contract, s3.wp.wsu.edu, s3.wp.wsu.edu

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractAgreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract Agreement is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S Contractor’s non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract Agreement may be rescinded, canceled canceled, or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts Agreements with the AGENCYSno-lsle Libraries. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION & AFFIRMATIVE ACTION – During the performance of this contractAgreement, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information includingThe Contractor agrees not to discriminate against any client, employee or applicant for employment or services because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap with regard to, but not limited to, “Protected Health Information,” collectedthe following employment upgrading, useddemotion, or acquired transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training or rendition of services. It is further understood that any Contractor who is in connection with violation of this contract clause or an applicable Affirmative Action Program shall be protected against unauthorized use, disclosure, modification barred forthwith from receiving awards of any purchase order from Sno-Isle Libraries unless a satisfactory showing is made that discriminatory practices or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes noncompliance with applicable Affirmative Action Programs have terminated and that a recurrence of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal informationsuch acts is unlikely.

Appears in 2 contracts

Samples: Libraries Public Works Agreement, Public Works Agreement

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR Contractor shall ensure its directors, officers, employees, subcontractors Subcontractors or agents Agents use personal information solely for the purposes of accomplishing the delivery of goods or rendering of services as set forth herein. CONTRACTOR Contractor and its subcontractors Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency Agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY Agency for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

Limitation of Authority. Only the AGENT or AGENT’S ’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENT. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S 's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S ’s unauthorized use of personal information.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S Contractor’s non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled canceled, or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYState Parks. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations regulations, and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR Contractor shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell sell, or otherwise make known to unauthorized persons personal information without the express written consent of the agency State Parks or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY State Parks for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

Limitation of Authority. Only the AGENT or AGENT’S delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractgrant agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract grant agreement is not effective or binding unless made in writing and signed by the AGENT. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTORGRANTEE'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract grant agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR GRANTEE may be declared ineligible for further contracts grant agreements with the AGENCY. The CONTRACTOR GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contractgrant agreement, the CONTRACTOR GRANTEE shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract grant agreement shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR GRANTEE shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR GRANTEE and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract grant agreement and the demand for return of all personal information. The CONTRACTOR GRANTEE agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTORGRANTEE’S unauthorized use of personal information.

Appears in 1 contract

Samples: Grant Agreement

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -- In the event of the CONTRACTOR'S non-compliance Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION -- During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY -- Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Agency reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by the Agency. Contractor shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY Agency for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. PUBLICITY -- The Contractor agrees to submit to the Agency all advertising and publicity matters relating to this Contract which, in the Agency'’ judgment, Agency'’ name can be implied or is specifically mentioned. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the Agency.

Appears in 1 contract

Samples: SSK Solutions

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -- In the event of the CONTRACTOR'S non-compliance Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION -- During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY -- Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Agency reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by the Agency. Contractor shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY Agency for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. PUBLICITY -- The Contractor agrees to submit to the Agency all advertising and publicity matters relating to this Contract which, in the Agency'’ judgment, Agency'’ name can be implied or is specifically mentioned. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the Agency. RECORDS MAINTENANCE -- The Contractor shall maintain complete financial records relating to this contract and the services rendered including all books, records, documents, magnetic media, receipts, invoices and other evidence relating to this contract and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records including materials generated under the contract, shall be subject at all reasonable times to inspection, review, or audit by the Agency, the Office of the State Auditor, and federal and state officials so authorized by law, rule, regulation, or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

Appears in 1 contract

Samples: Contract for Services

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractContract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - In the event of the CONTRACTOR'S Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION - During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. OVERPAYMENTS AND ASSERTION OF LIEN - In the event that the Agency establishes overpayments or erroneous payments made to the Contractor under this contract, the Agency may secure repayment, plus interest, if any, through the filing of a lien against the Contractor's real property or by requiring the posting of a bond, assignment of deposit or some other form of security acceptable to the Agency or by doing both. PRIVACY - Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency Agency or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Agency reserves the rights to monitor, audit or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by the Agency. Contractor shall certify the return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY Agency for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information.

Appears in 1 contract

Samples: Entire Agreement

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractContract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - In the event of the CONTRACTOR'S Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION - During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. OVERPAYMENTS AND ASSERTION OF LIEN - In the event that the Agency establishes overpayments or erroneous payments made to the Contractor under this contract, the Agency may secure repayment, plus interest, if any, through the filing of a lien against the Contractor's real property or by requiring the posting of a bond, assignment of deposit or some other form of security acceptable to the Agency or by doing both. PRIVACY - Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency Agency or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Agency reserves the rights to monitor, audit or investigate the use of personal information ollected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by the Agency. Contractor shall certify the return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY Agency for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information.

Appears in 1 contract

Samples: Contract for Personal Services

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Limitation of Authority. Only the AGENT or AGENT’S AGENTíS delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENT. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected ìProtected Health Information,î collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S CONTRACTORíS unauthorized use of personal information.

Appears in 1 contract

Samples: Entire Agreement

Limitation of Authority. This contract contains the entire agreement of the parties. All understandings, oral or otherwise, not contained in this contract are not part of this contract. Only the ARTS COMMISSION AGENT or AGENT’S 'S delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or of any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTall parties, and attached hereto. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event WAIVER - Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the CONTRACTOR'S contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by the Commission’s designated Agent and attached to the original contract. The ARTIST agrees to notify the ARTS COMMISSION of changes in his/her address and failure to do so, if such failure prevents the ARTS COMMISSION from locating him/her, shall be deemed a waiver of the ARTIST’S rights in the sections “Repairs and Maintenance” and “Changes and Resale”, when applicable. TERMINATION - The ARTS COMMISSION or ARTIST may, upon fifteen (15) days written notice, for non-compliance fulfillment of contractual terms or refusal when deemed to comply with any nondiscrimination lawbe in the best interests of the ARTS COMMISSION or ARTIST, regulation, or policy, terminate this contract may be rescinded, canceled or terminated at any time in whole or in part. If this contract is so terminated, and the CONTRACTOR may ARTS COMMISSION shall be declared ineligible liable only for further contracts with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved payment in accordance with the "Disputes" procedure set forth hereinterms of this agreement for services rendered or costs incurred and documented by the ARTIST on ARTS COMMISSION forms prior to the effective date of termination. NONDISCRIMINATION During It is specifically understood and agreed that the performance ARTS COMMISSION may terminate this contract if, and in the event that, funding from the State or Federal Government is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal termination. GOVERNING LAW - This contract shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract venue shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result proper only in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal informationThurston County.

Appears in 1 contract

Samples: www.arts.wa.gov

Limitation of Authority. Only the AGENT Administrator or AGENT’S Administrator’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAdministrator. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -- In the event of the CONTRACTOR'S non-compliance Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAOC. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION -- During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY -- Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency AOC or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. AOC reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by AOC. Contractor shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY AOC for any damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. PUBLICITY -- The Contractor agrees to submit to AOC all advertising and publicity matters relating to this Contract which, in AOC'’ judgment, AOC'’ name can be implied or is specifically mentioned. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of AOC. RECORDS MAINTENANCE -- The Contractor shall maintain complete financial records relating to this contract and the services rendered including all books, records, documents, magnetic media, receipts, invoices and other evidence relating to this contract and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records including materials generated under the contract, shall be subject at all reasonable times to inspection, review, or audit by AOC, the Office of the State Auditor, and federal and state officials so authorized by law, rule, regulation, or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

Appears in 1 contract

Samples: Entire Agreement

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -- In the event of the CONTRACTOR'S non-compliance Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAOC. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION -- During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY -- Personal information including, but not limited to, “Protected Health Information,” collected, used, used or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information used solely for the purposes of accomplishing the services set forth hereinthis contract. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency AOC or as otherwise required provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. AOC reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing or investigating may include but is not limited to “salting” by AOC. Contractor shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR Contractor agrees to indemnify and hold harmless the AGENCY AOC for any actual and verifiable damages related to the CONTRACTOR’S Contractor’s unauthorized use of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person’s health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. PUBLICITY -- Each party agrees to submit to AOC all advertising and publicity matters relating to this Contract which, in the other party’s judgment, that party’s name can be implied or is specifically mentioned. Each Party agrees not to publish or use such advertising and publicity matters without the prior written consent of the other party.

Appears in 1 contract

Samples: Entire Agreement

Limitation of Authority. Only the AGENT Contracting Officer or AGENT’S delegate by writing his delegates (delegation to be made prior to in writing before action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contractContract on behalf of the Reporter of Decisions. Furthermore, any alteration, amendment, modification, or waiver or of any clause or condition of this contract Contract is not effective or binding unless made in writing and signed by the AGENTContracting Officer or his delegate. NONDISCRIMINATION: During the performance of this Contract, the Contractor shall comply with all federal and state nondiscrimination laws, regulations, and policies. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS LAWS: In the event of the CONTRACTOR'S non-compliance Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract Contract may be rescinded, canceled canceled, or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts Contracts with the AGENCYReporter of Decisions. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. NOTICE: Any dispute may notice or demand or other communication required or permitted to be resolved given under this Contract or applicable law shall be effective if and only if it is in accordance writing, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the "Disputes" procedure set forth hereinUnited States Postal Service as first-class certified mail, postage prepaid, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax number, and e-mail addresses provided in this Contract. NONDISCRIMINATION During For purposes of complying with any provision in this Contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form. In the performance of this contractevent the individual named by a party changes or no longer serves in the capacity provided, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes party making such change will provide prompt written Notice of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal informationchange.

Appears in 1 contract

Samples: Publishing Services Contract

Limitation of Authority. Only the AGENT or AGENTa WSU UNIVERSITY’S delegate by personnel authorized in writing to bind UNIVERSITY (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alterationAny alterations, amendment, modificationmodifications, or waiver waivers made by UNIVERSITY personnel or any clause or condition of this contract is employees without such written authority will not be effective or binding unless also made in writing and signed by an authorized UNIVERSITY representative. NONDISCRIMINATION During the AGENTperformance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies, including the AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS In the event of the CONTRACTOR'S non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the AGENCYUNIVERSITY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY Personal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency UNIVERSITY or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY UNIVERSITY for any damages related to the CONTRACTOR’S unauthorized use of personal information.

Appears in 1 contract

Samples: www.bidnet.com

Limitation of Authority. Only the AGENT Agent or AGENT’S Agent's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or of any clause or condition of this contract is not effective or binding unless made in writing and signed by the AGENTAgent. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - In the event of the CONTRACTOR'S non-compliance Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, policy this contract may be rescinded, canceled canceled, or terminated in whole or in part, and the CONTRACTOR Contractor may be declared ineligible for further contracts with the AGENCYAgency. The CONTRACTOR Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. NONDISCRIMINATION - During the performance of this contract, the CONTRACTOR Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies. PRIVACY - Personal information including, but not limited to, to “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR Contractor shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth hereinin this agreement. CONTRACTOR Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency Agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR contractor agrees to indemnify and hold harmless the AGENCY department for any damages related to the CONTRACTOR’S contractor’s unauthorized use of personal information.

Appears in 1 contract

Samples: General Terms and Conditions

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