Destruction and Return of Confidential Information. 9.4.1. Upon the disclosing party's request or the effective date of expiration or termination of the Agreement, except to the extent it is legally entitled or required to retain the Confidential Information, the receiving party shall promptly destroy or return to the disclosing party, at the disclosing party's election, all materials containing the disclosing party's Confidential Information and all copies thereof, whether reproductions, summaries, or extracts thereof or based thereon (whether in hard-copy form or on intangible media), provided however that: a) if a legal proceeding has been instituted to seek disclosure of the Confidential Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and b) the receiving party shall not, in connection with the foregoing obligations, be required to identify or delete Confidential Information held in archive or back-up systems, that are not generally accessible, in accordance with general systems archiving or backup policies. 9.4.2. The obligation in this Section 9.4 shall not apply to Work Products provided by SAP to Customer, unless the Agreement is terminated by SAP in accordance with Section 7.2.1 or 7.2.2 above.
Appears in 25 contracts
Samples: Sap Services General Terms and Conditions, Sap Services General Terms and Conditions, Sap Services General Terms and Conditions
Destruction and Return of Confidential Information. 9.4.1. Upon the disclosing party's request or the effective date of expiration or termination of the Agreement, except to the extent it is legally entitled or required to retain the Confidential Information, the receiving party shall promptly destroy or return to the disclosing party, at the disclosing party's election, all materials containing the disclosing party's Confidential Information and all copies thereof, whether reproductions, summaries, or extracts thereof or based thereon (whether in hard-copy form or on intangible media), provided however that:
a) if a legal proceeding has been instituted to seek disclosure of the Confidential Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and
b) the receiving party shall not, in connection with the foregoing obligations, be required to identify or delete Confidential Information held in archive or back-up systems, that are not generally accessible, systems in accordance with general systems archiving or backup policies.
9.4.2. The obligation in this Section 9.4 shall not apply to Work Products provided by SAP to Customer, unless the Agreement is terminated by SAP in accordance with Section 7.2.1 or 7.2.2 above.
Appears in 12 contracts
Samples: Sap Services General Terms and Conditions, Sap Services General Terms and Conditions, Sap Services General Terms and Conditions
Destruction and Return of Confidential Information. 9.4.1. Upon the disclosing party's request or the effective date of expiration or termination of the Agreement, except to the extent it is legally entitled or required to retain the Confidential Information, the receiving party shall promptly destroy or return to the disclosing party, at the disclosing party's election, all materials containing the disclosing party's Confidential Information and all copies thereof, whether reproductions, summaries, or extracts thereof or based thereon (whether in hard-copy form or on intangible media), provided provided, however that:
a) if a legal proceeding has been instituted to seek disclosure of the Confidential Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and
b) the receiving party shall not, in connection with the foregoing obligations, be required to identify or delete Confidential Information held in archive or back-up systems, that are not generally accessible, systems in accordance with general systems archiving or backup policies.
9.4.2. The obligation in this Section 9.4 shall not apply to Work Products provided by SAP to CustomerPrime Contractor under any Services (if applicable), unless the Agreement is terminated by SAP in accordance with Section 7.2.1 or 7.2.2 7.2.2. above.
Appears in 3 contracts
Samples: Sap Services General Terms and Conditions, Sap Services General Terms and Conditions, Sap Services General Terms and Conditions
Destruction and Return of Confidential Information. 9.4.1. Upon the disclosing party's request or the effective date of expiration or termination of the Agreement, except to the extent it is legally entitled or required to retain the Confidential Information, the receiving party shall promptly destroy or return to the disclosing party, at the disclosing party's election, all materials containing the disclosing party's Confidential Information and all copies thereof, whether reproductions, summaries, or extracts thereof or based thereon (whether in hard-copy form or on intangible media), provided however that:
a) if a legal proceeding has been instituted to seek disclosure of the Confidential Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; and
b) the receiving party shall not, in connection with the foregoing obligations, be required to identify or delete Confidential Information held in archive or back-up systems, that are not generally accessible, in accordance with general systems archiving or backup policies.
9.4.2. The obligation in this Section 9.4 9.3.1.e) shall not apply to Work Products provided by SAP to Customer, unless the Agreement is terminated by SAP in accordance with Section 7.2.1 or 7.2.2 above.
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