Destroyed or Lost Data. (a) Contractor will not delete or destroy any LAUSD Data or media on which LAUSD Data resides without prior written authorization from LAUSD. In the event any LAUSD Data is lost or destroyed due to any act or omission of Contractor, including any breach of the security procedures described in this Article 15 and any Work Order, and such LAUSD Data cannot be fully restored by a reload under Section 1.1(b) below, Contractor shall be responsible for the prompt regeneration or replacement of such LAUSD Data. Contractor shall prioritize this effort so that the loss of LAUSD Data will not have an adverse effect upon LAUSD’s business or the Services. LAUSD agrees to cooperate with Contractor to provide any available information, files or raw data needed for the regeneration of the LAUSD Data. If Contractor fails to regenerate the lost or destroyed LAUSD Data within a time reasonably set by LAUSD (or within a reasonable time, if no such time is set), then LAUSD may obtain data reconstruction services from a third party, and Contractor shall cooperate with such third party as requested by LAUSD. In addition to any other damages incurred by LAUSD, Contractor will be responsible for the actual costs incurred by LAUSD for the reconstruction of LAUSD Data by a third party. In the event it is determined that LAUSD Data has been lost or destroyed as a result of the willful conduct of Contractor or its employees, contractors or agents, LAUSD may terminate the applicable Work Order or this Agreement pursuant to Section 20.3.
Destroyed or Lost Data. Provider shall (i) adequately mark or otherwise identify Xxxxxxx Data as Xxxxxxx property; (ii) store Xxxxxxx Data separately from Provider’s property and property of any other customer of Provider; and (iii) promptly return Xxxxxxx Data at Xxxxxxx written request. Provider bears the risk and liability for all loss, theft or destruction to any Xxxxxxx Data provided to Provider. Provider will not modify, delete or destroy any Xxxxxxx Data or media on which Xxxxxxx Data resides without prior authorization from Xxxxxxx. Provider will maintain and provide to Xxxxxxx one or more reports that identify Xxxxxxx Data or media that have been modified or destroyed. In the event any Xxxxxxx Data is modified, lost or destroyed due to any act or omission of Provider or any Provider Personnel, including any breach of the security procedures described in this ARTICLE 11, any SOW , Provider shall be responsible for the prompt regeneration or replacement of Xxxxxxx Data; provided, however, that if Xxxxxxx Data is modified, lost or destroyed as a result of Provider’s conformance to procedures required by Xxxxxxx in writing, any Charges for such regeneration or replacement of Xxxxxxx Data shall be in accordance with the applicable SOW or, if not addressed in the applicable Work Order, at Xxxxxxx Rate. Provider shall prioritize this effort so that the loss of Xxxxxxx Data will not have a material adverse effect upon Xxxxxxx business or the Services. Xxxxxxx agrees to reasonably cooperate with Provider to provide any available information, files or raw data needed for the regeneration of Xxxxxxx Data. If Provider fails to correct or regenerate the lost or destroyed Xxxxxxx Data within the time reasonably set by Xxxxxxx, then Xxxxxxx may obtain data reconstruction services from a third party, and Provider shall cooperate with such third party as reasonably requested by Xxxxxxx and, in addition to any other damages incurred by Xxxxxxx, Provider will be responsible for the actual reasonable costs incurred by Xxxxxxx for the reconstruction of Xxxxxxx Data by a third party. In the event it is determined that Xxxxxxx Data has been modified, lost or destroyed as a result of the willful misconduct of Provider or Provider Personnel, Xxxxxxx may, in addition to and not in lieu of any other remedies afforded to it hereunder or by law, terminate the applicable SOW or this Agreement for cause pursuant to Section 19.1(a)(i) and without a further right to cure.
Destroyed or Lost Data. (a) Receiving Party will not delete or destroy any Disclosing Party’s Confidential Information or any form of media on which Disclosing Party’s Confidential Information resides without prior authorization from Disclosing Party.
(b) Disclosing Party hereby authorizes Receiving Party to delete or destroy Disclosing Party’s Confidential Information in accordance with any Disclosing Party’s document retention program, including Disclosing Party’s approved media retention rules.
(c) Receiving Party will maintain and provide to Disclosing Party one or more reports that identify the Disclosing Party’s Confidential Information, including media that has been destroyed. In the event any Disclosing Party’s Confidential Information is lost or destroyed due to any act or omission of Receiving Party, including any breach of the security procedures described herein, Receiving Party shall be responsible for the prompt regeneration, reconstruction or replacement of such Disclosing Party’s Confidential Information. Receiving Party shall prioritize this effort so that the loss of Disclosing Party’s Confidential Information will not have any adverse effect upon Disclosing Party’s business.
(d) Disclosing Party agrees to cooperate with Receiving Party to provide any available information, files or raw data needed for the regeneration, reconstruction or replacement of the Disclosing Party’s Confidential Information. If Receiving Party fails to fully regenerate, reconstruct and replace the lost or destroyed Disclosing Party’s Confidential Information within the time reasonably set by Disclosing Party, then Disclosing Party may obtain data reconstruction services from a third party, and Receiving Party shall cooperate with such third party as requested by Disclosing Party.
(e) In addition to any damages incurred by Disclosing Party, Receiving Party will be responsible for the actual costs incurred by Disclosing Party for the regeneration, reconstruction and replacement of Disclosing Party’s Confidential Information by a third party. In the event it is determined that Customer Information has been lost or destroyed as a result of the willful, intentional or grossly negligent acts or omissions of Receiving Party, Disclosing Party may terminate this Agreement and pursue any civil and criminal actions available to it.
Destroyed or Lost Data. In the event any VMU Data is destroyed, lost or altered due to any act or omission of IBM or any IBM Personnel, including any breach of the security procedures described in this Agreement, IBM shall be responsible for Restoration. IBM shall prioritize this effort in a manner designed to minimize any adverse effect upon VMU’s business or the Services due to the destruction, loss or alteration of the VMU Data. “
Destroyed or Lost Data. Supplier will not delete or destroy any Advantica Data or media on which Advantica Data resides without prior authorization from Advantica. Supplier will maintain and provide to Advantica one or more Reports that identify the Advantica Data or media that have been destroyed. In the event any Advantica Data is lost or destroyed due to any act or omission of Supplier, including any breach of the security procedures described in this Article 9 and any Service Agreement, Supplier shall be responsible for the prompt regeneration or replacement of such Advantica Data. Supplier shall prioritize this effort so that the loss of Advantica Data will not have an adverse effect upon Advantica's business or the Services. Advantica agrees to cooperate with Supplier to provide any available information, files or raw data needed for the regeneration of the Advantica Data. If Supplier fails to regenerate the lost or destroyed Advantica Data within the time reasonably set by Advantica, then Advantica may obtain data reconstruction services from a third party, and Supplier shall cooperate with such third party as requested by Advantica. In addition to any other damages incurred by Advantica, Supplier will be responsible for the actual costs incurred by Advantica for the reconstruction of Advantica Data by a third party. In the event it is determined that Advantica Data has been lost or destroyed as a result of the willful conduct of Supplier or its employees, contractors or agents, Advantica may terminate the applicable Service Agreement or this Master Agreement for cause pursuant to Section 18.1.
Destroyed or Lost Data. Supplier will not delete or destroy any SOV Information or media on which SOV Information resides without prior authorization from SOV. Supplier will maintain and provide to SOV one or more reports that identify the SOV Information, including media, that has been destroyed. In the event any SOV Information is lost or destroyed due to any impermissible act or omission of Supplier, including any breach of the security procedures described herein or the negligence of Supplier, Supplier shall be responsible for the prompt regeneration, reconstruction or replacement of such SOV Information. Supplier shall prioritize this effort so that the loss of SOV Information will not have any adverse effect upon the Services. SOV agrees to cooperate with Supplier to provide any available information, files or raw data needed for the regeneration, reconstruction or replacement of the SOV Information. If Supplier fails to fully regenerate, reconstruct and/or replace any lost or destroyed SOV Information within the time reasonably set by SOV, then SOV may obtain data reconstruction services from a third party, and Supplier shall cooperate with such third party as requested by SOV. In addition to any damages incurred by SOV, Supplier will be responsible for the actual costs incurred by SOV for the regeneration, reconstruction and replacement of SOV Information by a third party. In the event it is determined that SOV Information has been lost or destroyed as a result of the willful, intentional or negligent acts or omissions of Supplier, SOV may terminate the applicable Statement of Work or this MSA for cause pursuant to Section 26.2 [Termination by SOV for Cause] and pursue any civil and criminal actions available to it.
Destroyed or Lost Data. Supplier will not delete or destroy any Wards Data or media on which Wards Data resides without prior authorization from Wards. Wards hereby authorizes Supplier to delete or destroy Wards Data in accordance with any Wards document retention program, including Wards' approved tape management retention rules. Supplier will maintain and provide to Wards one or more Reports that identify the Wards Data or media that have been destroyed. In the event any Wards Data is lost or destroyed due to any act or omission of Supplier, including any breach of the security procedures described in this Article 9 and any Service Agreement, Supplier shall be responsible for the prompt regeneration or replacement of such Wards Data. Supplier shall prioritize this effort so that the loss of Wards Data will not have an adverse effect upon Wards' business or the Services. Wards agrees to cooperate with Supplier to provide any available information, files or raw data needed for the regeneration of the Wards Data. If Supplier fails to regenerate the lost or destroyed Wards Data within the time reasonably set by Wards, then Wards may obtain data reconstruction services from a third party, and Supplier shall cooperate with such third party as requested by Wards. In addition to any other damages incurred by Wards, Supplier will be responsible for the actual costs incurred by Wards for the reconstruction of Wards Data by a third party. In the event it is determined that Wards Data has been lost or destroyed as a result of the willful conduct of Supplier or its employees, contractors or agents, Wards may terminate the applicable Service Agreement or this Master Agreement for cause pursuant to Section 18.1.
