DESTROYED OR LOST BUSINESS RECORDS OR DATA Sample Clauses

DESTROYED OR LOST BUSINESS RECORDS OR DATA. Nuevo's Business Records in possession of a Torch Party shall be retained in accordance with a records retention policy agreed by the Parties. No Party will otherwise delete or destroy another Party's Business Records or Data without prior written authorization. In the event any Party's Business Records or Data is lost or destroyed due to any act or omission of another Party in breach of the security procedures described in this Article 9 and/or any Service Agreement, such other Party shall use commercially reasonable efforts (including necessary third party assistance) to regenerate or replace such Business Records or Data and the Parties agree to cooperate to provide any available information, files or raw data needed for the regeneration of the Business Records or Data.
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DESTROYED OR LOST BUSINESS RECORDS OR DATA. Supplier will take all steps to protect Customer Business Records and Data within the standards of care used in the IT industry. Supplier shall not delete or destroy any Customer Business Records or Data without prior written authorization from Customer. Supplier shall maintain and provide to Customer one or more reports that identify the Customer Business Records or Data that have been destroyed. In the event any Customer Business Records or Data is lost or destroyed Supplier shall be responsible for the prompt regeneration or replacement of such Customer Business Records or Data at its expense. Supplier shall prioritize this effort so that the loss of Customer Business Records or Data will not have any material adverse effect upon Customer's business or the Services. Customer agrees to cooperate with Supplier to provide any available information, files or raw data needed for the regeneration of the Customer Business Records or Data. If Supplier fails to regenerate the lost or destroyed Customer Business Records or Data within the time reasonably set by Customer, then Customer may obtain services from a Third Party Provider to reconstruct the Business Records or Data, and Supplier shall cooperate with such Third Party Provider as requested by Customer. In addition to any other damages incurred by Customer, Supplier shall be responsible for the actual costs incurred by Customer for the reconstruction of Customer Business Records or Data by a Third Party Provider. In the event it is determined that Customer Business Records or Data has been lost or destroyed as a result of the willful conduct of Supplier or its employees, contractors or agents, Customer may terminate this Master Agreement for cause pursuant to Section 19.1.
DESTROYED OR LOST BUSINESS RECORDS OR DATA. No Party will delete or destroy another Party's Business Records or Data without prior written authorization except in accordance with a records retention policy agreed by the Parties. In the event any Party's Business Records or Data are lost or destroyed due to any act or omission of another Party in breach of the security procedures described in this Article 9 and/or any Service Agreement, such other Party shall use all commercially reasonable efforts to regenerate or replace such Business Records or Data and the Parties agree to cooperate to provide any available information, files or raw data needed for the regeneration of the Business Records or Data.

Related to DESTROYED OR LOST BUSINESS RECORDS OR DATA

  • Business Records Keep adequate records and books of account with respect to Borrower’s business activities in which proper entries are made in accordance with sound bookkeeping practices reflecting all financial transactions of Borrower.

  • Books, Records and Regulatory Filings (a) The Sub-Adviser agrees to maintain and to preserve for the applicable periods any such records as are required to be maintained by the Sub-Adviser with respect to the Fund by the 1940 Act and rules adopted thereunder, and by any other applicable laws, rules and regulations. The Sub-Adviser further agrees that all records that it maintains for the Fund are the property of the Fund and it will promptly surrender any of such records upon request; provided, however, that the Sub-Adviser may retain copies of such records for the applicable periods they are required by law to be retained, and thereafter shall destroy such records. (b) The Sub-Adviser agrees that it shall furnish to regulatory authorities having the requisite authority any information or reports in connection with its services hereunder that may be requested in order to determine whether the operations of the Fund are being conducted in accordance with applicable laws, rules and regulations. (c) The Sub-Adviser shall make all filings with the SEC required of it pursuant to Section 13 of the 1934 Act with respect to its duties as are set forth herein. The Sub-Adviser also shall make all required filings on Schedule 13D or 13G and Form 13F (as well as other filings triggered by ownership in securities under other applicable laws, rules and regulations) in respect of the Portfolio as may be required of the Fund due to the activities of the Sub-Adviser. The Sub-Adviser shall be the sole filer of Form 13F with respect to the Portfolio of the Fund.

  • Client Records 25.2.1 CONTRACTOR shall prepare and maintain accurate and 26 complete records of clients served and dates and type of services provided 27 under the terms of this Agreement in a form acceptable to ADMINISTRATOR.

  • REMOVAL OF RECORDS FROM PREMISES Where performance of the Contract involves use by the Contractor (or the Contractor’s subsidiaries, affiliates, partners, agents or subcontractors) of Authorized User owned or licensed papers, files, computer disks or other electronic storage devices, data or records at Authorized User facilities or offices, or via remote access, the Contractor (or the Contractor’s subsidiaries, affiliates, partners, agents or subcontractors) shall not remotely access, modify, delete, copy or remove such Records without the prior written approval of the Authorized User. In no case, with or without the written approval of the Authorized User, can the Authorized User data be accessed, moved or sent outside the continental United States.

  • Files and Records Within thirty (30) business days following the Closing Date, Seller shall deliver to Purchaser at Purchaser’s expense the Records, to the extent not previously delivered. For a period of seven (7) years after the Closing Date, Purchaser shall maintain the Records, and Seller shall have access thereto during normal business hours upon advance written notice to Purchaser to audit the same in connection with federal, state or local regulatory or tax matters, resolution of existing disputes or contract compliance matters affecting Seller.

  • Records; Visits The books and records pertaining to the Fund, which are in the possession or under the control of PFPC, shall be the property of the Fund. Such books and records shall be prepared and maintained as required by the 1940 Act and other applicable securities laws, rules and regulations. The Fund and Authorized Persons shall have access to such books and records at all times during PFPC's normal business hours. Upon the reasonable request of the Fund, copies of any such books and records shall be provided by PFPC to the Fund or to an Authorized Person, at the Fund's expense.

  • Return or Destruction of Confidential Information If an Interconnection Party provides any Confidential Information to another Interconnection Party in the course of an audit or inspection, the providing Interconnection Party may request the other party to return or destroy such Confidential Information after the termination of the audit period and the resolution of all matters relating to that audit. Each Interconnection Party shall make Reasonable Efforts to comply with any such requests for return or destruction within ten days of receiving the request and shall certify in writing to the other Interconnection Party that it has complied with such request.

  • Inspection of Property, Books and Records The Borrower will keep, and will cause each Subsidiary to keep, proper books of record and account in which full, true and correct entries shall be made of all dealings and transactions in relation to its business and activities; and will permit, and will cause each Subsidiary to permit, representatives of any Bank at such Bank's expense to visit and inspect any of their respective properties, to examine and make abstracts from any of their respective books and records and to discuss their respective affairs, finances and accounts with their respective officers, employees and independent public accountants, all at such reasonable times and as often as may reasonably be desired.

  • Books and Records; Inspection The Parent will keep, and will cause each of its Subsidiaries to keep, proper books of record and account in all material respects, in which materially proper and correct entries shall be made of all financial transactions and the assets, liabilities and business of the Parent and its Subsidiaries in accordance with GAAP. The Parent will, and will cause each of its Subsidiaries to, permit officers and designated representatives of the Facility Agent at the reasonable request of any Lead Arranger to visit and inspect, under guidance of officers of the Parent or such Subsidiary, any of the properties of the Parent or such Subsidiary, and to examine the books of account of the Parent or such Subsidiary and discuss the affairs, finances and accounts of the Parent or such Subsidiary with, and be advised as to the same by, its and their officers and independent accountants, all upon reasonable prior notice and at such reasonable times and intervals and to such reasonable extent as the Facility Agent at the reasonable request of any such Lead Arranger may reasonably request.

  • Access to Premises and Records Between the date of this Agreement ------------------------------ and the Closing Date, Seller will give Buyer and its counsel, accountants and other representatives full access during normal business hours upon reasonable notice to all the premises and books and records of the Business and to all the Assets and to the System personnel and will furnish to Buyer and such representatives all such documents, financial information, and other information regarding the Business and the Assets as Buyer from time to time reasonably may request; provided that no such investigation will affect or limit the scope of any of Seller's representations, warranties, covenants and indemnities in this Agreement or any Transaction Document or limit liability for any breach of any of the foregoing.

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