ISSUE TO
VENDOR PERSONNEL ACCESS MECHANISMS INCLUDING, BUT NOT LIMITED TO, ACCESS IDS,
PASSWORDS, AND ACCESS CARDS THAT ARE TO BE USED ONLY BY THE VENDOR PERSONNEL TO
WHOM THEY ARE ISSUED.
NEXTEL'S COMPUTER DATA AND SOFTWARE SHALL BE USED BY
VENDOR PERSONNEL ONLY IN CONNECTION WITH VENDOR'S OBLIGATIONS HEREUNDER.
FAILURE OF VENDOR TO COMPLY WITH THESE RULES MAY RESULT IN NEXTEL RESTRICTING
OFFENDING PERSONNEL FROM ACCESS TO NEXTEL COMPUTER SYSTEMS OR IMMEDIATE
TERMINATION OF THIS AGREEMENT.
13.1.4.
OTHER POLICIES.
VENDOR AGREES THAT AS PART OF ITS PROVISION OF
SERVICES HEREUNDER, IT SHALL ENSURE THAT ITS PERSONNEL ARE TRAINED, QUALIFIED,
AND AVAILABLE TO PERFORM ALL SERVICES REQUIRED IN WORK AREAS REQUIRING SPECIFIC
HEALTH, SECURITY, OR SAFETY PRECAUTIONS.
VENDOR SHALL, AND SHALL CAUSE ITS
SUBCONTRACTORS AND EMPLOYEES TO, ABIDE BY ALL PERTINENT NEXTEL CORPORATE
POLICIES THAT MAY BE ESTABLISHED BY NEXTEL FROM TIME TO TIME AND PROVIDED TO
VENDOR.
13.2.
LEGAL COMPLIANCE.
13.2.1.
VENDOR SHALL AT ALL TIMES PERFORM ITS OBLIGATIONS HEREUNDER IN
COMPLIANCE IN ALL MATERIAL RESPECTS WITH ALL APPLICABLE FOREIGN, DOMESTIC,
STATE, AND LOCAL LAWS AND REGULATIONS OF ALL APPLICABLE FOREIGN AND DOMESTIC
JURISDICTIONS,
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AND IN SUCH A MANNER AS NOT TO CAUSE NEXTEL TO BE IN MATERIAL VIOLATION OF ANY
APPLICABLE LAWS OR REGULATIONS INCLUDING ANY APPLICABLE REQUIREMENTS OF ANY
FOREIGN, DOMESTIC, STATE, OR LOCAL AUTHORITY REGULATING HEALTH, SAFETY,
EMPLOYMENT, THE ENVIRONMENT, SECURITY, EXPORTATION, OR TELECOMMUNICATIONS.
13.2.2.
NEXTEL IS BOTH AN EQUAL OPPORTUNITY EMPLOYER AND A FEDERAL
CONTRACTOR.
THEREFORE, VENDOR SHALL, TO THE EXTENT APPLICABLE, COMPLY WITH
EXECUTIVE ORDER 11246, THE VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE ACT OF
1974 AND THE VOCATIONAL REHABILITATION ACT OF 1973.
SUCH EXECUTIVE ORDER AND
SUCH LAWS ARE EXPRESSLY INCLUDED IN THE REFERENCE TO "APPLICABLE LAWS" IN THE
FIRST SENTENCE OF THIS SECTION.
13.2.3.
IN ADDITION, EXCEPT FOR APPROVALS, PERMISSIONS, PERMITS AND/OR
LICENSES REQUIRED BY FOREIGN OR DOMESTIC STATUTE, ORDINANCE, REGULATION OR OTHER
LAW TO BE OBTAINED BY NEXTEL OR ITS CUSTOMERS, INCLUDING THOSE REQUIRED, IF ANY,
TO PERMIT NEXTEL TO ENTER INTO THIS AGREEMENT, VENDOR AGREES TO OBTAIN AND
MAINTAIN, AT ITS OWN EXPENSE, ALL APPROVALS, PERMISSIONS, PERMITS, LICENSES, AND
OTHER FORMS OF DOCUMENTATION REQUIRED BY VENDOR IN ORDER TO COMPLY WITH ALL
EXISTING FOREIGN OR DOMESTIC STATUTES, ORDINANCES, REGULATIONS, OR OTHER LAWS,
WHICH MAY BE APPLICABLE TO VENDOR'S PERFORMANCE OF SERVICES HEREUNDER.
NEXTEL
RESERVES THE RIGHT TO REASONABLY REQUEST AND REVIEW ALL SUCH APPLICATIONS,
PERMITS, AND LICENSES PRIOR TO THE COMMENCEMENT OF ANY SERVICES HEREUNDER.
13.3.
DIVERSITY IN SUBCONTRACTING.
13.3.1.
NEXTEL IS COMMITTED TO EQUAL EMPLOYMENT AND VENDOR DIVERSITY. AS
PART OF THIS COMMITMENT, IT IS THE POLICY OF NEXTEL THAT SMALL BUSINESS
CONCERNS, VETERAN-OWNED SMALL BUSINESS CONCERNS, HUBZONE SMALL BUSINESS
CONCERNS, WOMEN-OWNED SMALL BUSINESS CONCERNS, SMALL DISADVANTAGED BUSINESS
CONCERNS (INCLUDING 8(A) BUSINESS CONCERNS) AND HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY INSTITUTIONS SHALL HAVE THE MAXIMUM PRACTICABLE
OPPORTUNITY TO PARTICIPATE IN PERFORMANCE OF CONTRACTING BETWEEN NEXTEL AND ITS
VENDORS.
VENDOR AGREES TO CARRY OUT THIS POLICY IN THE AWARD OF SUBCONTRACTS
(TO THE EXTENT PERMITTED HEREUNDER) TO THE