Orange County NC Website
15 <br /> arise. <br /> xii. Prepare a monthly summary to be used in the quarterly executive <br /> summary review based on requirements outlined in the SOW and <br /> information gathered from weekly cadence calls. <br /> xiii. Provides final Deliverables to the Customer and receives Customer <br /> approval on the completion of the SOW. <br /> 2.3 Personnel <br /> 2.3.1 Each Party is responsible for the supervision,direction, control,and compensation <br /> of its respective personnel. <br /> 2.3.2 Lenovo personnel used in the performance of Services shall be determined by <br /> Lenovo in its sole discretion. <br /> 2.3.3 Lenovo may subcontract a Service, or any part of it,to subcontractors selected <br /> solely by Lenovo. <br /> 2.3.4 Lenovo will provide adequate staffing and resources necessary for the <br /> successful completion of the project. <br /> 3 Licensing <br /> Customer shall ensure that all software furnished to Lenovo complies with applicable license <br /> agreements and copyright laws. Customer shall be responsible for and pay all fees, charges, and costs <br /> related to such software. Customer shall defend, hold harmless and indemnify Lenovo, including its <br /> affiliates, subcontractors, suppliers, and distributors, from and against all claims, suits, actions, <br /> proceedings and any resulting liabilities, damages, expenses, costs, and judgments, including <br /> attorneys' fees, arising out of or in connection with any software furnished by Customer to Lenovo. If <br /> Customer's Image requires Linux or other non-Lenovo open-source programs, Customer affirms that <br /> the Linux and other non-Lenovo open-source software are licensed to Customer by the distributor of <br /> such software. Lenovo does not provide a license for Linux or any other non-Lenovo open-source <br /> software to Customer. Customer shall look solely to third parties for resolution of all matters related to <br /> such software. These terms prevail over any conflicting terms in any other Lenovo Agreements which <br /> include but are not limited to the Base Agreement, Lenovo hardware products, services, or Statements <br /> of Work. <br /> 4 Change Management Process <br /> 4.1 This SOW may only be changed by a Project Change Request Form ("PCR" Form), attached <br /> hereto as Exhibit A, which shall be used to initiate the change process. In no event shall <br /> Lenovo be required to implement any change to Services in this SOW until a PCR has been <br /> signed by an authorized representative of both Parties. <br /> 4.2 The Party proposing the change will initiate documenting the request using the PCR Form. <br /> 4.3 Both Parties will, in good faith, mutually review the proposed Project Change Request and will: <br /> 4.3.1 Approve the PCR <br /> 4.3.2 Agree to further discussion;or <br /> 4.3.3 Reject the PCR with communication of the reason for the rejection. <br /> 4.4 When Parties agree to the requested change,the authorized representative from each Party <br /> will sign the PCR Form, with the changes becoming effective upon signing. <br /> 5 Pricing and Payment <br /> 5.1 Unless otherwise agreed upon in writing by Parties,Customer purchase order must be received <br /> prior to beginning the Services. Customer's purchase order shall include (at a minimum): <br /> 5.1.1 Customer purchase order number <br /> 5.1.2 Date of Service <br /> 5.1.3 Brief description of Services to be provided <br /> 5.1.4 Part number(if applicable) <br /> 5.1.5 Price of Services to be provided <br /> Lenovo(United States) Inc. <br /> Statement of Work for Orange County, NC <br /> CLM#164807 <br />