AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11
INFORMATION ASSURANCE (a) Information provided by LOCKHEED ▇▇▇▇▇▇ to SELLER remains the property of LOCKHEED ▇▇▇▇▇▇. SELLER shall comply with the terms of any proprietary information agreement with LOCKHEED ▇▇▇▇▇▇ and comply with all proprietary information markings and restrictive legends applied by LOCKHEED ▇▇▇▇▇▇ to anything provided hereunder to SELLER. SELLER shall not use any LOCKHEED ▇▇▇▇▇▇ provided information for any purpose except to perform this Contract and shall not disclose such information to third parties without the prior written consent of LOCKHEED ▇▇▇▇▇▇. SELLER shall maintain data protection processes and systems sufficient to adequately protect LOCKHEED ▇▇▇▇▇▇ provided information and comply with any law or regulation applicable to such information. (b) If SELLER becomes aware of any compromise of information used in the performance of this Contract or provided by LOCKHEED ▇▇▇▇▇▇ to SELLER, its officers, employees, agents, suppliers, or subcontractors (an “Incident”), SELLER shall take appropriate immediate actions to investigate and contain the Incident and any associated risks, including notification within seventy-two (72) hours to LOCKHEED ▇▇▇▇▇▇ after learning of the Incident. As used in this clause, “compromise” means that information has been exposed to unauthorized access, inadvertent disclosure, known misuse, loss, destruction, or alteration other than as required to perform the Work. SELLER shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any Incident. Any costs incurred in investigating or remedying Incidents shall be borne by SELLER. (c) Any LOCKHEED ▇▇▇▇▇▇ provided information identified as proprietary or subject to restrictions on public disclosure by law or regulation shall be encrypted (i) if transmitted via the Internet, or (ii) during electronic storage if potentially accessible by the Internet or otherwise by non-authorized users. (d) The provisions set forth above are in addition to and do not alter, change or supersede any obligations contained in a proprietary information agreement between the parties.
Quality Assurance The parties endorse the underlying principles of the Company’s Quality Management System, which seeks to ensure that its services are provided in a manner which best conforms to the requirements of the contract with its customer. This requires the Company to establish and maintain, implement, train and continuously improve its procedures and processes, and the employees to follow the procedures, document their compliance and participate in the improvement process. In particular, this will require employees to regularly and reliably fill out documentation and checklists to signify that work has been carried out in accordance with the customer’s specific requirements. Where necessary, training will be provided in these activities.
WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 12 5.1 WARRANTY 12 5.2 General Affirmations 13 5.3 Federal Assurances 13 5.4 Federal Certifications 13 5.5 State Assurances 13 ARTICLE VI. INTELLECTUAL PROPERTY 13 6.1 Ownership of Work Product 13 6.2 Grantee s Pre-Existing Works 14 6.3 THIRD PARTY IP 14 6.4 Agreements with Employees and Subcontractors 14 6.5 Delivery upon Termination or Expiration 15 6.6 SURVIVAL 15 6.7 System Agency Data 15 ARTICLE VII. PROPERTY 15
Quality Assurance/Quality Control Contractor shall establish and maintain a quality assurance/quality control program which shall include procedures for continuous control of all construction and comprehensive inspection and testing of all items of Work, including any Work performed by Subcontractors, so as to ensure complete conformance to the Contract with respect to materials, workmanship, construction, finish, functional performance, and identification. The program established by Contractor shall comply with any quality assurance/quality control requirements incorporated in the Contract.