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Item 24 - Wireless Communications Technology Upgrade
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Item 24 - Wireless Communications Technology Upgrade
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11/29/2023 3:39:05 PM
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Agenda Packet
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Information Technology
Item #
24
Date
11/21/2023
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software, or solutions that are commercially available at the time they are added to the <br />contract award and fall within the original scope and intent of the awarded categories of <br />the RFP. <br />As part of each Contractor's ongoing updates to its pricelists throughout the contract <br />term, Contractor can add new SKUs to its awarded product categories that may have <br />been developed in-house or obtained through mergers, acquisitions or joint ventures; <br />provided, however, that such new SKUs fall within the Contractor's awarded services <br />categories. <br />48. Suspension of Services: Contractor may suspend provision of Services to <br />Purchasing Entity in the following limited circumstances: (i) HPE reasonably believes <br />the Services are, have been, or will be used in violation of the Master Agreement; (ii) <br />HPE reasonably believes suspension is necessary to protect HPE's network, systems, <br />operations or other users; or (iii) suspension is required by law. If Contractor suspends <br />the Services, the parties will cooperate to identify and rectify any issues so that Services <br />may be restored as soon as reasonably possible. <br />49. Change Orders. Purchasing Entity requests to change the scope of services or <br />products, on a per -Order basis, will require a change order signed by the Purchasing <br />Entity and the Contractor. <br />50. European Personal Data. If Purchasing Entity reasonably anticipates or discovers <br />that its use of the Services will involve storage or processing of PH from the European <br />Economic Area ("EEA") or Switzerland, Purchasing Entity will so inform Contractor, and <br />provide whatever information Contractor reasonably requests related to that storage or <br />processing. Upon Purchasing Entity's request, Contractor will enter into (or cause its <br />Affiliates to enter into) EU Model Contract(s) with appendices (including technical and <br />organizational security measures) in the form from time to time used by Contractor and <br />its Affiliates (and available to Purchasing Entity upon request). Purchasing Entity <br />appoints Contractor as its agent to execute EU Model Contracts on Purchasing Entity's <br />behalf. <br />51. Global Trade Compliance. Imports, exports and other transfers of data or <br />software stored, used or processed using the Services or related infrastructure are <br />Purchasing Entity's sole responsibility, and Purchasing Entity will obtain any <br />authorizations that may be required. Purchasing Entity will not use, distribute, transfer, <br />or transmit any products, software or technical information (even if incorporated into <br />other products) in violation of applicable export laws and regulations. In particular, <br />Purchasing Entity, and any third party authorized by Purchasing Entity, may not, in <br />violation of applicable laws and regulations, transfer, or authorize the transfer, of any <br />Services into U.S. embargoed countries or to anyone on the U.S. Treasury <br />Department's List of Specially Designated Nationals or the U.S. Commerce <br />Department's Table of Denial Orders or Entity List of proliferation concern, or the U.S. <br />State Department's Debarred Parties List. <br />Attachment A: Page 28 of 31 <br />
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