Challenges to Orders. In the event Microsoft receives an order from any third party for compelled disclosure of any personal data processed under this DPA, Microsoft shall:
a. use every reasonable effort to redirect the third party to request data directly from Customer;
b. promptly notify Customer, unless prohibited under the law applicable to the requesting third party, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
c. use all lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with applicable law of the European Union or applicable Member State law.
Challenges to Orders. In addition to Clause 15.1 of the SCC, in the event Rubrik receives an order from a U.S. law enforcement agency for compelled disclosure of any Customer Personal Data that has been transferred under the SCC, Rubrik shall:
i. use every reasonable effort to redirect U.S. law enforcement agency to request any applicable data directly from Customer;
ii. promptly notify Customer, unless prohibited under the law applicable to the U.S. law enforcement agency, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
iii. use all lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies or any relevant conflicts with the law of the European Union or applicable Member State law. For purpose of this Section 1, lawful efforts do not include actions that would result in civil or criminal penalty such as contempt of court under the laws of the relevant jurisdiction.
Challenges to Orders. In addition to Clause 15.1 of the Standard Contractual Clauses (EU/EEA), in the event GitHub receives an order from any third party for compelled disclosure of any personal data that has been transferred under the Standard Contractual Clauses (EU/EEA), GitHub shall:
a. use every reasonable effort to redirect the third party to request data directly from Customer;
b. promptly notify Customer, unless prohibited under the law applicable to the requesting third party, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
c. use all lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with the law of the European Union or applicable Member State law.
Challenges to Orders. In addition to Clause 5(d)(i) of the 2010 Standard Contractual Clauses, in the event Microsoft receives an order from any third party for compelled disclosure of any personal data that has been transferred under the 2010 Standard Contractual Clauses, Microsoft shall:
a. use every reasonable effort to redirect the third party to request data directly from Customer;
b. promptly notify Customer, unless prohibited under the law applicable to the requesting third party, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
c. use all lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with the law of the European Union or applicable Member State law.
Challenges to Orders. In addition to Clause 5(d)(i) of the SCC, in the event Rubrik receives an order from a U.S. law enforcement agency for compelled disclosure of any personal data that has been transferred under the SCC, Rubrik shall:
(i) use every reasonable effort to redirect U.S. law enforcement agency to request data directly from Customer;
(ii) promptly notify Customer, unless prohibited under the law applicable to the U.S. law enforcement agency, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
(iii) use all lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies or any relevant conflicts with the law of the European Union or applicable Member State law. For purpose of this Section, lawful efforts do not include actions that would result in civil or criminal penalty such as contempt of court under the laws of the relevant jurisdiction.
Challenges to Orders. In the event Client Engager receives an order from any third party for compelled disclosure of any personal data processed under this DPA, Client Engager shall:
a. use reasonable effort to redirect the third party to request data directly from Customer;
b. promptly notify Customer, unless prohibited under the law applicable to the requesting third party, and, if prohibited from notifying Customer, use all lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to Customer as soon as possible; and
c. use lawful efforts to challenge the order (at the cost of the Customer) for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with applicable law.
