Breach Notices Sample Clauses

Breach Notices. Subject to clauses 14.2 and 14.3(a), where the Contractor or any of its employees, agents or Sub-Contractors or any of their employees or agents breaches an obligation under the Agreement (regardless of whether the conduct constitutes Serious and Wilful Misconduct), VicForests may notify the Contractor of such breach. If the breach has not, in VicForests’ reasonable opinion, been remedied within a period of seven days after the Contractor’s receipt of notification from VicForests, VicForests shall be entitled to suspend the Contractor’s performance of Services immediately by notice to the Contractor until the breach has been remedied.
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Breach Notices. 8.1 If the Secretary of State is satisfied that LNER is contravening or is likely to contravene any provision of this Agreement he may serve written notice ("Breach Notice") upon LNER setting out: (a) the provision of this Agreement which the Secretary of State is satisfied that LNER is contravening or is likely to contravene; (b) the act or omissions which, in the Secretary of State's opinion, constitute or would constitute contraventions of such provision; and (c) the steps which the Secretary of State reasonably requires LNER to take in order to remedy or prevent the occurrence of any such contravention and the period within which the Secretary of State requires such steps to be taken. 8.2 LNER shall comply with the terms of any Breach Notice except in circumstances where to do so would result in LNER being in breach of any legal or statutory duty. In those circumstances, LNER shall as soon as reasonably possible, give notice to the Secretary of State and XXXX with details of the breach which would arise and comply with any reasonable instructions issued by the Secretary of State in those circumstances. 8.3 The Secretary of State agrees that it is not his intention that XXXX or LNER will in any circumstances be liable to the Secretary of State for any loss or damage caused by any breach of this Agreement or tortious act or omission or breach of statutory duty by XXXX or LNER in respect of the Services to the extent permitted by Law. All and any such liability as would, but for this clause, arise is expressly excluded provided that nothing in this Clause 8.3 shall restrict the ability of the Secretary of State to seek an order for specific performance of this Agreement..
Breach Notices. Xxxx will notify Customer without undue delay after becoming aware of a data Breach that may put the confidentiality or security of the Personal Data in jeopardy. In such an event, Xxxx will collaborate with Customer and fulfil any reasonable requests by Customer for updates so long as such requests do not interfere with Xxxx’s investigation and mitigation of the effects of the breach.
Breach Notices. 8.1 87If the Secretary of State is satisfied that LNER is contravening or is likely to contravene any provision of this Agreement the Secretary of State may serve written notice ("Breach Notice") upon LNER setting out: (a) the provision of this Agreement which the Secretary of State is satisfied that LNER is contravening or is likely to contravene; (b) the act or omissions which, in the Secretary of State's opinion, constitute or would constitute contraventions of such provision; and (c) the date and time of any meeting that the Secretary of State may require LNER to attend (which shall be at least five (5) Weekdays from the date the Breach Notice is served) to discuss the causes of the contravention and the measures to be implemented to: (i) remedy the contravention and/or (ii) prevent the occurrence of such contravention; and the Secretary of State shall be entitled to request such information from LNER as the Secretary of State reasonably requires for the purposes of the operation of this clause 8. LNER shall provide the information within such time as the Secretary of State may reasonably specify for the purpose. 8.2 88LNER shall (a) ensure that representatives of LNER and representatives of XXXX (as may be specified by the Secretary of State) attend any meeting convened by the Secretary of State at the time and place stated in the Breach Notice (or at such other time and place as the Secretary of State and LNER may agree); and (b) at the meeting referred to in Clause 8.2(a), present such reports, plans and/or other information as the Secretary of State may specify pursuant to Clause 8.1. 8.3 89Following the issue of any Breach Notice or, if applicable following any meeting referred to in Clause 8.2, the Secretary of State may issue a further notice (a “Breach Remedial Notice”) setting out the steps which the Secretary of State reasonably requires LNER to take in order to remedy or prevent the occurrence of any such contravention and the period within which the Secretary of State requires such steps to be taken. 8.4 90LNER shall comply with the terms of any Breach Remedial Notice except in circumstances where to do so would result in LNER being in breach of any legal or statutory duty. In those circumstances, LNER shall as soon as
Breach Notices. 8.1 69If the Secretary of State is satisfied that LNER is contravening or is likely to contravene any provision of this Agreement the Secretary of State may serve written notice ("Breach Notice") upon LNER setting out: (a) the provision of this Agreement which the Secretary of State is satisfied that LNER is contravening or is likely to contravene; (b) the act or omissions which, in the Secretary of State's opinion, constitute or would constitute contraventions of such provision; and (c) the date and time of any meeting that the Secretary of State may require LNER to attend (which shall be at least five (5) Weekdays from the date the Breach Notice is served) to discuss the causes of the contravention and the measures to be implemented to: (i) remedy the contravention and/or (ii) prevent the occurrence of such contravention; and the Secretary of State shall be entitled to request such information from LNER as the Secretary of State reasonably requires for the purposes of the operation of this clause

Related to Breach Notices

  • Breach Notification a. In the event of a Breach of unsecured PHI or disclosure that compromises the privacy or security of PHI obtained from DSHS or involving DSHS clients, Business Associate will take all measures required by state or federal law. b. Business Associate will notify DSHS within one (1) business day by telephone and in writing of any acquisition, access, Use or disclosure of PHI not allowed by the provisions of this Contract or not authorized by HIPAA Rules or required by law of which it becomes aware which potentially compromises the security or privacy of the Protected Health Information as defined in 45 CFR 164.402 (Definitions). c. Business Associate will notify the DSHS Contact shown on the cover page of this Contract within one (1) business day by telephone or e-mail of any potential Breach of security or privacy of PHI by the Business Associate or its Subcontractors or agents. Business Associate will follow telephone or e-mail notification with a faxed or other written explanation of the Breach, to include the following: date and time of the Breach, date Breach was discovered, location and nature of the PHI, type of Breach, origination and destination of PHI, Business Associate unit and personnel associated with the Breach, detailed description of the Breach, anticipated mitigation steps, and the name, address, telephone number, fax number, and e-mail of the individual who is responsible as the primary point of contact. Business Associate will address communications to the DSHS Contact. Business Associate will coordinate and cooperate with DSHS to provide a copy of its investigation and other information requested by DSHS, including advance copies of any notifications required for DSHS review before disseminating and verification of the dates notifications were sent. d. If DSHS determines that Business Associate or its Subcontractor(s) or agent(s) is responsible for a Breach of unsecured PHI: (1) requiring notification of Individuals under 45 CFR § 164.404 (Notification to Individuals), Business Associate bears the responsibility and costs for notifying the affected Individuals and receiving and responding to those Individuals’ questions or requests for additional information; (2) requiring notification of the media under 45 CFR § 164.406 (Notification to the media), Business Associate bears the responsibility and costs for notifying the media and receiving and responding to media questions or requests for additional information; (3) requiring notification of the U.S. Department of Health and Human Services Secretary under 45 CFR § 164.408 (Notification to the Secretary), Business Associate bears the responsibility and costs for notifying the Secretary and receiving and responding to the Secretary’s questions or requests for additional information; and (4) DSHS will take appropriate remedial measures up to termination of this Contract.

  • Security Breach Notice and Reporting The Contractor shall have policies and procedures in place for the effective management of Security Breaches, as defined below, which shall be made available to the State upon request.

  • Security Breach Notification In addition to the information enumerated in Article V, Section 4(1) of the DPA Standard Clauses, any Security Breach notification provided by the Provider to the LEA shall include: a. A list of the students whose Student Data was involved in or is reasonably believed to have been involved in the breach, if known; and b. The name and contact information for an employee of the Provider whom parents may contact to inquire about the breach.

  • Personal Data Breach Notification SAP will notify Customer without undue delay after becoming aware of any Personal Data Breach and provide reasonable information in its possession to assist Customer to meet Customer’s obligations to report a Personal Data Breach as required under Data Protection Law. SAP may provide such information in phases as it becomes available. Such notification shall not be interpreted or construed as an admission of fault or liability by SAP.

  • COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa and State Technology Law § 208) and commencing March 21, 2020 shall also comply with General Business Law § 899-bb.

  • Consent to Breach Not Waiver No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  • Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder. b. If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Producer for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song. c. Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Producer, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Producer may seek and shall be entitled to a temporary restraining order and a preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Producer incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.

  • Handling Sensitive Personal Information and Breach Notification A. As part of its contract with HHSC Contractor may receive or create sensitive personal information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the “Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals” issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. B. Contractor must notify HHSC of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this Contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to HHSC as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify everyone whose sensitive personal information has been or is reasonably believed to have been compromised. C. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to everyone whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with HHSC doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by HHSC for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information, as 45 C.F.R. §164.402 defines that phrase, and HHSC becomes responsible for doing the notification required by 45 C.F.R. §164.404. HHSC may, at its discretion, waive Contractor's payment of expenses associated with HHSC doing the disclosure.

  • Breach Waiver Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.

  • BREACH DISCOVERY AND NOTIFICATION 17 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 18 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a 19 law enforcement official pursuant to 45 CFR § 164.412. 20 a. A Breach shall be treated as discovered by CONTRACTOR as of the first day on which 21 such Breach is known to CONTRACTOR or, by exercising reasonable diligence, would have been 22 known to CONTRACTOR. 23 b. CONTRACTOR shall be deemed to have knowledge of a Breach, if the Breach is 24 known, or by exercising reasonable diligence would have known, to any person who is an employee, 25 officer, or other agent of CONTRACTOR, as determined by federal common law of agency. 26 2. CONTRACTOR shall provide the notification of the Breach immediately to the COUNTY 27 Privacy Officer. CONTRACTOR’s notification may be oral, but shall be followed by written 28 notification within twenty four (24) hours of the oral notification. 29 3. CONTRACTOR’s notification shall include, to the extent possible: 30 a. The identification of each Individual whose Unsecured PHI has been, or is reasonably 31 believed by CONTRACTOR to have been, accessed, acquired, used, or disclosed during the Breach; 32 b. Any other information that COUNTY is required to include in the notification to 33 Individual under 45 CFR §164.404 (c) at the time CONTRACTOR is required to notify COUNTY or 34 promptly thereafter as this information becomes available, even after the regulatory sixty (60) day 35 period set forth in 45 CFR § 164.410 (b) has elapsed, including: 36 1) A brief description of what happened, including the date of the Breach and the date 37 of the discovery of the Breach, if known; 1 2) A description of the types of Unsecured PHI that were involved in the Breach (such 2 as whether full name, social security number, date of birth, home address, account number, diagnosis, 3 disability code, or other types of information were involved); 4 3) Any steps Individuals should take to protect themselves from potential harm 5 resulting from the Breach; 6 4) A brief description of what CONTRACTOR is doing to investigate the Breach, to 7 mitigate harm to Individuals, and to protect against any future Breaches; and 8 5) Contact procedures for Individuals to ask questions or learn additional information, 9 which shall include a toll-free telephone number, an e-mail address, Web site, or postal address. 10 4. COUNTY may require CONTRACTOR to provide notice to the Individual as required in 11 45 CFR § 164.404, if it is reasonable to do so under the circumstances, at the sole discretion of the 12 COUNTY. 13 5. In the event that CONTRACTOR is responsible for a Breach of Unsecured PHI in violation 14 of the HIPAA Privacy Rule, CONTRACTOR shall have the burden of demonstrating that 15 CONTRACTOR made all notifications to COUNTY consistent with this Subparagraph F and as 16 required by the Breach notification regulations, or, in the alternative, that the acquisition, access, use, or 17 disclosure of PHI did not constitute a Breach. 18 6. CONTRACTOR shall maintain documentation of all required notifications of a Breach or 19 its risk assessment under 45 CFR § 164.402 to demonstrate that a Breach did not occur. 20 7. CONTRACTOR shall provide to COUNTY all specific and pertinent information about the 21 Breach, including the information listed in Section E.3.b.(1)-(5) above, if not yet provided, to permit 22 COUNTY to meet its notification obligations under Subpart D of 45 CFR Part 164 as soon as 23 practicable, but in no event later than fifteen (15) calendar days after CONTRACTOR’s initial report of 24 the Breach to COUNTY pursuant to Subparagraph F.2. above. 25 8. CONTRACTOR shall continue to provide all additional pertinent information about the

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