DATA Acknowledgement Clause Samples
DATA Acknowledgement. 8.1 The Supplier acknowledges that:
8.1.1 by virtue of this Agreement it may be in possession of data belonging to the State, Customers and third parties including records and other information generated, collected or stored by the Supplier in whatever form that information may exist including billing data (“State’s Data”); and
8.1.2 it is only the custodian of the State’s Data, and must deliver that data to the State or the relevant Customer on demand, regardless of any other legal right or remedy that the Supplier may then have.
DATA Acknowledgement. 8.1 The Supplier acknowledges that:
8.1.1 by virtue of this Agreement it may be in possession of data belonging to the State, Customers and third parties including records and other information generated, collected or stored by the Supplier in whatever form that information may exist including billing data (“State’s Data”); and
8.1.2 it is only the custodian of the State’s Data, and must deliver that data to the State or the relevant Customer on demand,regardless of any other legal right or remedy that the Suppliermay thenhave.
8.2 Nothing in this Agreement has the effect of giving the Supplier any rightover the State’s or a Customer’s Data.
8.3 If the Supplier receives a subpoena or any other demand from a court or other adjudicative person or body or from any person having legal authority to demand production of data connected to the State or State’s Data, itmust:
8.3.1 promptly advise the State of receipt of the demand, and promptly provide the State with a copy of the demand (to the extent it has been reduced to writing); and
8.3.2 seek and, to the extent it can lawfully do so, comply with the State’s instructions as to the response to the demand (including delaying compliance for as long as possible).
8.4 Nothing in this clause requires the Supplier to commit an unlawful act, or expose itself to proceedings for contempt or other lawful penalties.
