Common use of Destroyed or Lost Data Clause in Contracts

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.

Appears in 13 contracts

Samples: Master Information Technology Services and Support Agreement, Master Information Technology Services and Support Agreement, Master Information Technology Services and Support Agreement

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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(b15.5(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 20.3.20.3.‌ (b) Without limitation to Contractor’s obligations regarding data regeneration set forth in Section 15.5(a) above, in the event of the loss of, damage to, or corruption of data caused by Contractor or any Contractor Personnel, Contractor shall, promptly and without charge to LAUSD, reload such data as shall be issued by LAUSD to Contractor from LAUSD back-up stores, provided that LAUSD has kept proper and adequate back-up copies of such data.‌

Appears in 10 contracts

Samples: Master Information Technology Services and Support Agreement, Master Information Technology Services and Support Agreement, Master Information Technology Services and Support Agreement

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 Order16, and such LAUSD Data LAUSDData cannot be fully restored by a reload under Section 1.1(b16.5(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 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 20.321.2 (but without any requirement of a 30-day cure period). (b) Without limitation to Contractor’s obligations regarding data regeneration set forth in Section 16.5(a) above, in the event of the loss of, damage to, or corruption of data caused by Contractor or any Contractor Personnel, Contractor shall, promptly and without charge to LAUSD, reload such data as shall be issued by LAUSD to Contractor from LAUSD back-up stores, provided that LAUSD has kept proper and adequate back-up copies of such data.

Appears in 1 contract

Samples: Information Technology Service and Support Agreement

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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 Order16, and such LAUSD Data cannot be fully restored by a reload under Section 1.1(b16.5(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 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 20.3.21.2 (but without any requirement of a 30-day cure period).‌

Appears in 1 contract

Samples: Information Technology Service and Support Agreement

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