Control of Licensor. For Data and Confidential Information in the possession, custody, and control of the Licensor or its employees, agents, and/or subcontractors: (i) The Licensor shall report unauthorized access, acquisition, use, release, loss, destruction or disclosure of Data or Confidential Information (“Incident”) to the Commonwealth within one (1) hour of when the Licensor knows of or reasonably suspects such Incident, and the Licensor must immediately take all reasonable steps to mitigate any potential harm or further access, acquisition, use, release, loss, destruction or disclosure of such Data or Confidential Information. (ii) The Licensor shall provide timely notice to all individuals that may require notice under any applicable law or regulation as a result of an Incident. The notice must be pre-approved by the Commonwealth. At the Commonwealth’s request, the Licensor shall, at its sole expense, provide credit monitoring services to all individuals that may be impacted by any Incident requiring notice. (iii) The Licensor shall be solely responsible for any costs, losses, fines, or damages incurred by the Commonwealth due to Incidents, which shall be reimbursed upon invoice received from the Commonwealth. (iv) The Licensor shall indemnify the Commonwealth against any third party claims arising out of an Incident.
Appears in 2 contracts
Samples: Enterprise Saas Software/Services License Requirements Agreement, Enterprise Saas Software/Services License Requirements Agreement
Control of Licensor. For Data and Confidential Information in the possession, custody, and control of the Licensor or its employees, agents, and/or subcontractors:
(i) : The Licensor shall report unauthorized access, acquisition, use, release, loss, destruction or disclosure of Data or Confidential Information (“Incident”) to the Commonwealth within one (1) hour of when the Licensor knows of or reasonably suspects such Incident, and the Licensor must immediately take all reasonable steps to mitigate any potential harm or further access, acquisition, use, release, loss, destruction or disclosure of such Data or Confidential Information.
(ii) . The Licensor shall provide timely notice to all individuals that may require notice under any applicable law or regulation as a result of an Incident. The notice must be pre-approved by the Commonwealth. At the Commonwealth’s request, the Licensor shall, at its sole expense, provide credit monitoring services to all individuals that may be impacted by any Incident requiring notice.
(iii) . The Licensor shall be solely responsible for any costs, losses, fines, or damages incurred by the Commonwealth due to Incidents, which shall be reimbursed upon invoice received from the Commonwealth.
(iv) . The Licensor shall indemnify the Commonwealth against any third party claims arising out of an Incident.
Appears in 2 contracts
Samples: Enterprise Saas Software/Services License Requirements Agreement, Enterprise Saas Software/Services License Requirements Agreement
Control of Licensor. For Data and Confidential Information in the possession, custody, and control of the Licensor or its employees, agents, and/or subcontractors:
(i) The Licensor shall promptly, but in no event more than twenty-four (24) hours, report unauthorized access, acquisition, use, release, loss, destruction or disclosure of Data or Confidential Information (“Incident”) to the Commonwealth within one (1) hour of when the Licensor knows of or reasonably suspects such Incident, and the Licensor must immediately take all reasonable steps to mitigate any potential harm or further access, acquisition, use, release, loss, destruction or disclosure of such Data or Confidential Information.
(ii) The Licensor shall provide timely notice to all individuals that may require notice under any applicable law or regulation as a result of an Incident. The notice must be pre-approved by the CommonwealthCommonwealth (email to suffice). At the Commonwealth’s request, the Licensor shall, at its sole expense, provide credit monitoring services to all individuals that may be impacted by any Incident requiring notice.
(iii) The Licensor shall be solely responsible for any costs, losses, fines, or damages incurred by the Commonwealth due to Incidents, which shall be reimbursed upon invoice received from the Commonwealth, subject to any limitations of liability contained in this Agreement.
(iv) The Licensor shall indemnify the Commonwealth against any third third-party claims arising out of an Incident.
Appears in 1 contract
Samples: Enterprise Saas Software/Services License Requirements Agreement