Specifications include, but are not limited to: 3.1 The Licensor agrees to provide to MDE a SaaS based Kindergarten Readiness Assessment system and associated deliverables as described in this Agreement. While the scope of work for this project is defined by the contract documents set forth herein in the article titled “Entire Agreement”, including any exhibits, a summary of such work is outlined in Article 3.2 below. 3.2 Licensor shall be responsible for the following: Ensuring that all deliverables are complete and accepted by MDE pursuant to a mutually agreed upon project work plan; Tracking date sensitive items to ensure timely updates; Acknowledging that the Content is and shall remain the sole and exclusive property of MDE. Further, Licensor acknowledges that the Content may contain protected health information (“PHI”) or PII and Licensor agrees to maintain the confidentiality of the Content and shall not make the Content publicly available except as may be necessary in performing the SaaS Services or to comply with applicable laws. Upon the termination or expiration of this Agreement, Licensor shall provide such Content in its possession to MDE pursuant to a mutually agreed upon release schedule and in a format acceptable to MDE; Working with MDE to achieve access rates that meet MDE’s needs; Providing security for the site that is agreeable to MDE with Licensor responsible for all necessary equipment and software related to security; Maintaining the accessibility of the site twenty-four (24) hours a day, seven (7) days a week at an uptime rate of 99% or greater, subject to the limitations set forth in this Agreement, including but not limited to, those in Article 4.4; Completing daily backups of the site
