Common use of Access to and Preservation of Electronic Information; Cooperation in Litigation Clause in Contracts

Access to and Preservation of Electronic Information; Cooperation in Litigation. Company shall (i) fully cooperate with Bank to fulfill Bank’s hard copy and electronic discovery obligations under Applicable Law and to comply with Bank’s policies, procedures and practices (as they are periodically updated) in any litigation related to or arising out of the Program, including any obligation to preserve documents, information and material related to such litigation that is in Company’s custody or control; and (ii) cooperate, to the extent reasonably requested by Bank, in the handling and disposition of any such litigation; provided, however, that the party ultimately responsible for discharging such litigation shall have the authority to take such actions as it deems necessary or advisable, in its sole discretion, to discharge such litigation, subject, however, to the provisions of this Agreement.

Access to and Preservation of Electronic Information; Cooperation in Litigation. Company Bank shall (i) fully cooperate with Bank Company to fulfill BankCompany’s hard copy and electronic discovery obligations under Applicable Law and to comply with BankCompany’s policies, procedures and practices (as they are periodically updated) in any litigation related to or arising out of the Program, including any obligation to preserve documents, information and material related to such litigation that is in CompanyBank’s custody or control; and (ii) cooperate, to the extent reasonably requested by BankCompany, in the handling and disposition of any such litigation; provided, however, that the party ultimately responsible for discharging such litigation shall have the authority to take such actions as it deems necessary or advisable, in its sole discretion, to discharge such litigation, subject, however, to the provisions of this Agreement.