Breach Notice. 1. Initial Notice.
a. For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: xxxxxxx@XXXX.xxxxx.xx.xx and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange.
b. Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45
Breach Notice. NEOGOV will notify Reseller or Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
Breach Notice. Initial Notice.
Breach Notice. In the event of a data or security breach, as defined by applicable law, by anyone other than your employee, contractor, or agent, upon discovery of such breach, NEOGOV will initiate remedial actions and notify Customer of the breach as required by and in compliance with applicable law. NEOGOV’s notification of, or response to, a data breach under this Section will not be construed as an acknowledgement by NEOGOV of any fault or liability with respect to the breach. In the event of a security breach, as defined by applicable law, by your Personnel, Authorized, or unauthorized user, contractor or agent, you shall have sole responsibility for initiating remedial actions and you shall notify NEOGOV of the breach and steps you will take to remedy the breach as soon as possible. Customer is solely responsible for complying with data breach notification laws applicable to the Customer and fulfilling any third-party notification obligations related to any data breach(es).
Breach Notice. If the Developer breaches this Planning Agreement, Council may serve a notice on the Developer (Breach Notice) specifying:
(1) the nature and extent of the alleged breach;
(2) if:
(a) the breach is capable of being rectified other than by the payment of compensation, what Council requires the Developer to do in order to rectify the breach; or
(b) the breach is not capable of being rectified other than by payment of compensation, the amount of compensation Council requires the Developer to pay in order to rectify the breach, and
(3) the time within which Council requires the breach to be rectified, which must be a reasonable time of not less than forty (40) business days.
Breach Notice. If, prior to the Closing Date, Buyer obtains Knowledge of a breach of any of Seller’s representations, warranties or covenants contained in this Agreement, Buyer shall notify Seller in writing of such information (the “Breach Notice”) as promptly as reasonably possible but in all events no later than two (2) Business Days prior to the Closing Date. The Breach Notice shall contain reasonable details regarding the alleged breach and Buyer’s good faith estimate of the potential Losses associated with such breach.
Breach Notice. If the Purchaser believes that it has a Claim that may give rise to an obligation of any Warrantor pursuant to this Article VIII, it shall give notice thereof to such Warrantor stating specifically the basis on which such Claim is being made, the material facts related thereto, and the amount of the claim asserted; provided that in any event any such notice with respect to a Breach pursuant to Section 8.01 shall be given on a timely basis. In the event of a third party Claim against an Indemnitee for which such Indemnitee is entitled to seek indemnification from the Founders pursuant to this Article VIII, the relevant Purchaser shall, as soon as practically possible, notify the Founders of such third party Claim. Any dispute related to this Article VIII shall be resolved pursuant to Section 9.14.
Breach Notice. NEOED will notify Reseller or Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOED’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
Breach Notice. If the Council reasonably considers that the Developer is in breach of any obligation under this Agreement, it may give a written notice (Breach Notice) to the Developer:
(a) specifying the nature and extent of the breach;
(b) requiring the Developer to either:
(i) rectify the breach if it reasonably considers it is capable of rectification; or
(ii) if the Developer reasonably considers the breach is not capable of rectification, pay a reasonable amount in compensation to the Council in lieu of rectifying the breach, specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
(c) If the Developer:
(i) does not comply with a Breach Notice relating to the carrying out of Work under this Agreement; and
(ii) has no reasonable excuse for its non-compliance, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
Breach Notice. 8.1 Should any party commit any breach of any term of this offer and not remedy it within 7 (seven) days of receipt by pre-paid registered post, or delivery by hand, of a letter requiring the breach to be remedied, the other shall be entitled without prejudice to any other rights which he may have under this agreement or by Law, to:
8.1.1 cancel this agreement and claim damages and interest, or
8.1.2 cancel this agreement and retain as “rouwkoop” all monies already paid by the party in breach in terms hereof, as agreed pre-estimated liquidated damages, or
8.1.3 xxx for the full purchase price and interest thereon and damages.
8.2 For all purposes arising from this agreement the Seller and Purchaser choose as their domicilium citandi et executandi (address for delivery of any legal notices) the respective addresses set out in clause 11 of this agreement.
