CARE OF DATA. SunGard shall use commercially reasonable care in handling tapes or other materials which encode or contain data belonging to Customer. SunGard's only obligation for breach of this Section 6.3 shall be to replace or repair the tape or material lost or damaged and to make commercially reasonable efforts to regenerate any lost data from backup copies maintained by SunGard or from source data provided by Customer.
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Samples: Penson Financial (Penson Worldwide Inc), Processing Agreement (Penson Worldwide Inc), Processing Agreement (Penson Worldwide Inc)
CARE OF DATA. SunGard shall use commercially reasonable care in handling tapes or other materials which encode or contain data belonging to Customer. Unless caused by gross negligence or intentional misconduct on the part of SunGard or its employees or agents, SunGard's only obligation for breach of this Section 6.3 6.5 shall be to replace or repair the tape or material lost or damaged and to make commercially reasonable efforts to regenerate any lost data from backup copies maintained by SunGard or from source data provided by Customer.
Appears in 1 contract
CARE OF DATA. SunGard shall use commercially reasonable care in handling tapes or other materials which encode or contain data belonging to Customer. SunGard's only obligation for breach of this Section 6.3 shall be to replace or repair the tape or material lost or damaged and to make commercially reasonable efforts to regenerate any lost data from backup copies maintained by SunGard or from source data provided by Customer.
Appears in 1 contract
Samples: Remote Processing Agreement (Empire Financial Holding Co)
