non-affiliated third parties set forth in the Act; (ii) utilizing security and breach investigation procedures that are appropriate to the nature of the Personal Information disclosed, at least as stringent as University's and reasonably designed to protect the Personal Information from unauthorized access, use, modification, disclosure, manipulation, or destruction; (iii) notifying University of a security breach relating to Personal Information in the possession of Company or its agents or subcontractors within seventy-two (72) hours of discovery of an actual or suspected breach unless the exception set forth in KRS 61.932(2)(b)2 applies and Company abides by the requirements set forth in that exception; (iv) cooperating with University in complying with the response, mitigation, correction, investigation, and notification requirements of the Act, (v) paying all costs of notification, investigation and mitigation in the event of a security breach of Personal Information suffered by Company; and (vi) at University's discretion and direction, handling all administrative functions associated with notification, investigation and mitigation.
Prime Contractor Responsibility. Follett is solely responsible for fulfillment of this Agreement with the University.
Permits, Licenses, Taxes and Commonwealth Registration. Follett shall procure all necessary permits and licenses and abide by all applicable laws, regulations and ordinances of all federal, state and local governments in which work under this Agreement is performed. Follett shall pay any sales, use, personal property and other tax arising out of this Agreement. Any other taxes levied upon this Agreement, the transaction or the equipment or services delivered pursuant hereto is the responsibility of Follett. Follett shall accept liability for payment of all payroll taxes or deductions required by local and federal law including (but not limited to) old age pension, social security or annuities.
Attorneys' Fees. In the event that either party deems it necessary to take legal action to enforce any provision of the contract and in the event that the University prevails, Follett agrees to pay all expenses of such action including attorneys' fees and costs at all stages of litigation.
Reports and Auditing. The University, or its duly authorized representatives, shall have access to any books, documents, papers, records or other evidence which are directly pertinent to this contract for the purpose of financial audit or program review. Follett recognizes that any books, documents, papers, records, or other evidence received during a financial audit or program review shall be subject to the Kentucky Open Records Act.
To School (please complete):___
To Follett:
Ryan Petersen
President
Follett Higher Education Group
3 Westbrook Corporate Center, Suite 200
Westchester, Illinois 60154
With a copy to:
Follett Corporation
3 Westbrook Corporate Center, Suite 200