Common use of Purpose and Term Clause in Contracts

Purpose and Term. (collectively referred to as the “Parties”). (a) BOCES and Vendor are parties to an earlier agreement commencing on July 1, 2020 ("the Contract"). This DSC Agreement is entered into in order to conform the Contract to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of BOCES Bill of Rights for Data Security and Privacy signed by Vendor, and the “Supplemental Information about a Contract between Vendor and BOCES” that is required to be posted on BOCES’ website. (b) By affixing their signatures to this DSC Agreement below, BOCES and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until the date of expiration of the Contract (or, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “Term”). Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in BOCES’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and BOCES, throughout the duration of the Term of this DSC Agreement, and this DSC Agreement shall supersede and take the place of any DSC Agreement entered into, or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract or otherwise), prior to the date of mutual execution of this DSC Agreement. (c) To the extent that any terms contained within the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has online or written Privacy Policies or Terms of Service (collectively, “TOS”) that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.

Purpose and Term. (collectively referred to as the “Parties”). (a) The Parties agree that Erie 1 BOCES will be deemed to have entered into a binding agreement with Vendor for use of the educational resource known as “IAC K12 MT ADOBE DREAMWEAVER CREATIVE CLOUD REVEALED ▇▇▇▇▇▇ 1st Edition” (the “Product”) by members of Erie 1 BOCES instructional staff at such time that one or more Erie 1 BOCES staff members enroll online to use IAC K12 MT ADOBE DREAMWEAVER CREATIVE CLOUD REVEALED ▇▇▇▇▇▇ 1st Edition in their classrooms and Vendor are parties have clicked to an earlier accept Cengage Learning, Inc.’s online Terms of Service and/or Privacy Policies (collectively, “the TOS”) on behalf of Erie 1 BOCES. This binding agreement commencing on July 1, 2020 ("shall be referred to herein as “the Contract").” . This DSC Agreement is entered into in order to conform the Contract and the TOS to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-2- d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of “Erie 1 BOCES Bill of Rights for Data Security and Privacy Privacy” signed by Vendor, and the “Supplemental Information about a Contract between Vendor and Erie 1 BOCES” that is required to be posted on BOCES’ Erie 1 BOCES website. (b) By affixing their signatures to this DSC Agreement below, Erie 1 BOCES and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until 11:59 pm June 30, 2022 (“the date of expiration of the Contract (or, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “Initial Term”). The Initial Term may be extended for successive renewal terms of three (3) years (each a “Renewal Term”) only by mutual execution by the Parties of either a written Amendment to this DSC Agreement, or, a new DSC Agreement. Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in Erie 1 BOCES’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and Erie 1 BOCES, throughout the duration of the Initial Term of this DSC Agreement, and any Renewal Term, and this DSC Agreement shall supersede and take the place of any previous DSC Agreement entered into, into or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract Contract, TOS, or otherwise), ) prior to the date of mutual execution of this DSC Agreement. (c) To In the extent event that any terms contained within term of the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has Vendor’s online or written Privacy Policies or Terms of Service (collectively, “TOS”) TOS that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.

Purpose and Term. (collectively referred to as the “Parties”). (a) Erie 1 BOCES and Vendor are parties to an earlier agreement commencing on July 123, 2020 2007, and renews annually ("the Contract"). This DSC Agreement is entered into in order to conform the Contract to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of “Erie 1 BOCES Bill of Rights for Data Security and Privacy Privacy” signed by Vendor, and the “Supplemental Information about a Contract between Vendor and Erie 1 BOCES” that is required to be posted on Erie 1 BOCES’ website. (b) By affixing their signatures to this DSC Agreement below, Erie 1 BOCES and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until the date of expiration of the Contract (or, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “Term”). Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in Erie 1 BOCES’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and Erie 1 BOCES, throughout the duration of the Term of this DSC Agreement, and this DSC Agreement shall supersede and take the place of any DSC Agreement entered into, or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract or otherwise), prior to the date of mutual execution of this DSC Agreement. (c) To the extent that any terms contained within the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has online or written Privacy Policies or Terms of Service (collectively, “TOS”) that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.

Purpose and Term. (collectively referred to as the “Parties”). (a) BOCES CLIENT and Vendor are parties to an earlier agreement commencing on July 1, 2020 ("the 2023("the Contract"). This DSC Agreement is entered into in order to conform the Contract to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of BOCES CLIENT Bill of Rights for Data Security and Privacy signed by Vendor, and the “Supplemental Information about a Contract between Vendor and BOCESCLIENT” that is required to be posted on BOCESCLIENT’ website. (b) By affixing their signatures to this DSC Agreement below, BOCES CLIENT and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until the date of expiration of the Contract (or, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “Term”). Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in BOCESCLIENT’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and BOCESCLIENT, throughout the duration of the Term of this DSC Agreement, and this DSC Agreement shall supersede and take the place of any DSC Agreement entered into, or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract or otherwise), prior to the date of mutual execution of this DSC Agreement. (c) To the extent that any terms contained within the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has online or written Privacy Policies or Terms of Service (collectively, “TOS”) that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.

Purpose and Term. (collectively a) The Parties agree that Erie 1 BOCES will be deemed to have entered into a binding agreement with Vendor for use of Vendor’s educational resource known as the “ Edpuzzle instructional software” available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇ (the “Product”) by members of Erie 1 BOCES instructional staff at such time that one or more Erie 1 BOCES staff members enroll online to use the Product in their classrooms and have clicked to accept Vendor’s Terms of Service and/or Privacy Policy , both available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/terms and ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/privacy, respectively, (collectively, “the TOS”) on behalf of Erie 1 BOCES. This binding agreement, hereinafter referred to as “the Contract ”, is composed of Vendor’s “Parties”Terms of Service” and “Privacy Policy” (both available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/terms and ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇/privacy, respectively). (a) . Erie 1 BOCES and Vendor are parties to an earlier agreement commencing on July 1, 2020 ("the Contract"). This enter into this DSC Agreement is entered into in order to amend the Contract and to conform the Contract and the TOS to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-2- d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of “Erie 1 BOCES Bill of Rights for Data Security and Privacy Privacy” signed by Vendor, and the “Supplemental Information about a Contract between Vendor and Erie 1 BOCES” that is required to be posted on BOCES’ Erie 1 BOCES website. (b) By affixing their signatures to this DSC Agreement below, Erie 1 BOCES and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until the date of expiration of the Contract (or11:59 pm June 30th, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “2023(“the Initial Term”). The Initial Term may be extended for successive renewal terms of three (3) years (each a “Renewal Term”) only by mutual execution by the Parties of either a written Amendment to this DSC Agreement, or, a new DSC Agreement. Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in Erie 1 BOCES’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and Erie 1 BOCES, throughout the duration of the Initial Term of this DSC Agreement, and any Renewal Term, and this DSC Agreement shall supersede and take the place of any previous DSC Agreement entered into, into or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract Contract, TOS, or otherwise), ) prior to the date of mutual execution of this DSC Agreement. (c) To In the extent event that any terms contained within term of the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has Vendor’s online or written Privacy Policies or Terms of Service (collectively, “TOS”) TOS that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.

Purpose and Term. (collectively referred to as the “Parties”). (a) The Parties agree that Erie 1 BOCES will be deemed to have entered into a binding agreement with Vendor for use of the educational resource known as “CS 120 OSHA-10 Hour Construction Industry Course Seats” (the “Product”) by members of Erie 1 BOCES instructional staff at such time that one or more Erie 1 BOCES staff members enroll online to use CS 120 OSHA-10 Hour Construction Industry Course Seats in their classrooms and Vendor are parties have clicked to an earlier accept CareerSafe, LLC’s online Terms of Service and/or Privacy Policies (collectively, “the TOS”) on behalf of Erie 1 BOCES. This binding agreement commencing on July 1, 2020 ("shall be referred to herein as “the Contract").” . This DSC Agreement is entered into in order to conform the Contract and the TOS to the requirements of New York State Education Law Section 2-d and Part 121 of the Regulations of the NYS Commissioner of Education (collectively referred to as “Section 2-d”). This DSC Agreement consists of the terms and conditions set forth herein, a copy of “Erie 1 BOCES Bill of Rights for Data Security and Privacy Privacy” signed by Vendor, and the “Supplemental Information about a Contract between Vendor and Erie 1 BOCES” that is required to be posted on BOCES’ Erie 1 BOCES website. (b) By affixing their signatures to this DSC Agreement below, Erie 1 BOCES and Vendor agree that the term of this DSC Agreement shall commence as of the date of mutual execution of this DSC Agreement by the Parties, and shall continue through and until 11:59 pm June 30, 2022 (“the date of expiration of the Contract (or, through and until the date of expiration of an authorized renewal term or other authorized amendment of the Contract, if any) (the “Initial Term”). The Initial Term may be extended for successive renewal terms of three (3) years (each a “Renewal Term”) only by mutual execution by the Parties of either a written Amendment to this DSC Agreement, or, a new DSC Agreement. Vendor shall comply with all terms, conditions and obligations as set forth in this DSC Agreement, including those set forth in Erie 1 BOCES’ Bill of Rights for Data Security and Privacy and the Supplemental Information about a Contract between Vendor and Erie 1 BOCES, throughout the duration of the Initial Term of this DSC Agreement, and any Renewal Term, and this DSC Agreement shall supersede and take the place of any previous DSC Agreement entered into, into or any similar data sharing and confidentiality language previously agreed to by the Parties (within the Contract Contract, TOS, or otherwise), ) prior to the date of mutual execution of this DSC Agreement. (c) To In the extent event that any terms contained within term of the Contract, or any terms contained within any other agreements or exhibits attached to and made a part of the Contract, conflict with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect. In the event that Vendor has Vendor’s online or written Privacy Policies or Terms of Service (collectively, “TOS”) TOS that would otherwise be applicable to its customers or users of its Product that is the subject of the Contract, to the extent that any term of the TOS (in effect as of the date of commencement of the Contract, and/or as subsequently amended) conflicts with the terms of this DSC Agreement, the terms of this DSC Agreement will apply and be given effect.