CONTRACTOR's Agents and Subcontractors Clause Samples
The 'CONTRACTOR's Agents and Subcontractors' clause defines the responsibilities and obligations of the contractor regarding any agents, employees, or subcontractors they engage to perform work under the contract. Typically, this clause requires the contractor to ensure that all such parties comply with the same standards, terms, and conditions as the contractor, and may hold the contractor liable for any breaches or failures by these third parties. By doing so, the clause ensures that the hiring party maintains a single point of accountability, reducing the risk of non-compliance or substandard work by parties not directly contracted.
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CONTRACTOR's Agents and Subcontractors. To impose the same restrictions and 15 conditions set forth in this Personal Information and Security Contract on any subcontractors or other 16 agents with whom CONTRACTOR subcontracts any activities under the Agreement that involve the 17 disclosure of DHCS PI or PII to such subcontractors or other agents.
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions and conditions set forth in this Personal Information and Security Contract on any subcontractors or other agents with whom CONTRACTOR subcontracts any activities under the Agreement that involve the disclosure of DHCS PI or PII to such subcontractors or other agents.
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions and conditions set forth in this Exhibit E-2 on any subcontractors or other agents with whom Contractor subcontracts any activities under this Agreement that involve the disclosure of Department PI or PII to the subcontractor.
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions and
CONTRACTOR's Agents and Subcontractors a. To enter into written agreements with any agents, including subcontractors and vendors to whom Contractor provides Department PHI, that impose the same restrictions and conditions on such agents, subcontractors and vendors that apply to Contractor with respect to such Department PHI under this Exhibit E, and that require compliance with all applicable provisions of HIPAA, the HITECH Act and the HIPAA regulations, including the requirement that any agents, subcontractors or vendors implement reasonable and appropriate administrative, physical, and technical safeguards to protect such PHI. As required by HIPAA, the HITECH Act and the HIPAA regulations, including 45 CFR Sections 164.308 and 164.314, Contractor shall incorporate, when applicable, the relevant provisions of this Exhibit E-1 into each subcontract or subaward to such agents, subcontractors and vendors, including the requirement that any security incidents or breaches of unsecured PHI be reported to Contractor.
b. In accordance with 45 CFR Section 164.504(e)(1)(ii), upon Contractor’s knowledge of a material breach or violation by its subcontractor of the agreement between Contractor and the subcontractor, Contractor shall:
i) Provide an opportunity for the subcontractor to cure the breach or end the violation and terminate the agreement if the subcontractor does not cure the breach or end the violation within the time specified by the Department; or
ii) Immediately terminate the agreement if the subcontractor has breached a material term of the agreement and cure is not possible.
CONTRACTOR's Agents and Subcontractors a) To enter into written agreements with any agents, including subcontractors and vendors to whom Contractor provides Department PHI, that impose the same restrictions and conditions on such agents, subcontractors and vendors that apply to Contractor with respect to such Department PHI under this Exhibit F, and that require compliance with all applicable provisions of HIPAA, the HITECH Act and the HIPAA regulations, including the requirement that any agents, subcontractors or vendors implement reasonable and appropriate administrative, physical, and technical safeguards to protect such PHI. Contractor shall incorporate, when applicable, the relevant provisions of this Exhibit F, Part I into each subcontract or subaward to such agents, subcontractors and vendors, including the requirement that any security incidents or breaches of unsecured PHI be reported to Contractor.
b) In accordance with 45 C.F.R. § 164.504(e)(1)(ii), upon Contractor’s knowledge of a material breach or violation by its subcontractor of the agreement between Contractor and the subcontractor, Contractor shall:
i. Provide an opportunity for the subcontractor to cure the breach or end the violation and terminate the agreement if the subcontractor does not cure the breach or end the violation within the time specified by the Department; or
ii. Immediately terminate the agreement if the subcontractor has breached a material term of the agreement and cure is not possible.
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions andconditions set forth in this Personal Information and Security Contract on any subcontractors or other agents with whom CONTRACTOR subcontracts any activities under the Agreement that involve the
CONTRACTOR's Agents and Subcontractors. Contractor shall ensure that any agent, including a subcontractor, to whom it provides County PHI, imposes the same conditions on such agents that apply to Contractor with respect to County PHI under this BAA, and that comply with all applicable provisions of HIPAA, including requirements that such agents implement reasonable and appropriate administrative, physical, and technical safeguards to protect County PHI. Contractor shall incorporate, when applicable, the relevant provisions of this BAA into each subcontract or sub-award to such agents, including the requirement that any security incidents or breaches of unsecured County PHI be reported to Contractor.
14.1.3.6.1 In accordance with section 164.504(e)(1)(ii), upon Contractor’s knowledge of a material breach or violation by its subcontractor of the agreement between Contractor and the subcontractor, Contractor shall:
14.1.3.6.1.1 Provide an opportunity for the subcontractor to end the violation and terminate the agreement if the subcontractor does not end the violation within the time specified by County; or
14.1.3.6.1.2 Immediately terminate the agreement if the subcontractor has violated a material term of the agreement and cure is not possible.
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions and conditions set forth in this Personal Information and Security Contract on any subcontractors or other
CONTRACTOR's Agents and Subcontractors. To impose the same restrictions andconditions set forth in this Personal Information and Security Contract on any subcontractors or other agents with whom CONTRACTOR subcontracts any activities under the Agreement that involve the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 disclosure of DHCS PI or PII to such subcontractors or other agents. 35 37 3 of 19 5 EXHIBIT AC X:\CONTRACTS - 2012 -\2012-2014\BH\Supported Employment-GW-IND-12-14 CA.doc GOO01MHKK14X:\ASR\BEHAVIORAL HEALTH\ASR -14-000065 ADULT SUPPORTED EMP- GW- 14-17 BU.DOCX 1 f. Availability of Information. To make DHCS PI and PII available to the DHCS and/or 2 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 3 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 4 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or
i. Designation of Individual Responsible for Security. CONTRACTOR shall designate an individual, (e.g., Security Officer), to oversee its data security program who shall be responsible for carrying out the requirements of this Personal Information Privacy and Security Contract and for Exhibit B to the Agreement.