Document Destruction — Information Erasure Sample Clauses

Document Destruction — Information Erasure. Except as otherwise set forth in this Agreement, upon the earlier of: termination of this Agreement, the written request of the Disclosing Party, or when no longer needed by any Party for fulfillment of its obligations under this Agreement, each Receiving Party will either: (a) promptly return to the Disclosing Party all documents and other tangible (including electronic) materials containing the Disclosing Party’s Proprietary Information, including all copies thereof in its possession or control; or (b) erase or destroy all such materials by the following methods. If return, erasure, or destruction is not feasible, then the Receiving Party may maintain the Disclosing Party’s Proprietary Information in compliance with the requirements of the confidentiality and information security provisions of this Agreement; provided, however, that when the return, destruction, or erasure of any such materials becomes feasible for the Receiving Party, the Receiving Party must comply with the requirements of (a) or (b) above within sixty (60) calendar days. Notwithstanding the foregoing, SunTrust understands and agrees that FMC or FMER shall maintain encrypted, archived back-up tapes stored at a secure, offsite location that include transaction history received in connection with the Services and this Agreement and related documents and records for purposes of internal and external auditing of controls and recordkeeping requirements. Hard Copy Shredding, pulverizing, burning, or other suitable destruction method so that any Proprietary Information is not readable at all and cannot be reassembled or reconstructed in any way so that it is practicably readable. Electronic Tangible Media, such as CDs, Disks, Tapes Destruction or erasure of such media so that any Proprietary Information is not readable at all and cannot be reassembled or reconstructed in any way so that it is practicably readable. Hard Drive Storage or similar Computer or Device Storage Erasure or elimination of Proprietary Information from such device so that any Proprietary Information is not readable at all and cannot be reassembled or reconstructed in any way so that it is practicably readable.

Document Destruction — Information Erasure. Upon the earlier of: termination of this Servicing Agreement, the written request of the Disclosing Party, or at such later time, when no longer needed by either Party for fulfillment of its obligations under this Servicing Agreement or Applicable Law, each Receiving Party, except as prohibited by Applicable Law, will either: (a) promptly return to the Disclosing Party all documents and other tangible (including electronic) materials containing the Disclosing Party’s Proprietary Information, including all copies thereof in its possession or control; or (b) erase or destroy all such materials by the following methods, the foregoing notwithstanding, provided however that records shall not be destroyed prior to the time specified pursuant to applicable record retention timeframes, or alternatively such records are delivered to the Disclosing Party. If return, erasure, or destruction is not feasible, then the Receiving Party may, with the written consent of the Disclosing Party (which consent shall not be unreasonably withheld), maintain the Disclosing Party’s Proprietary Information in compliance with the requirements of the confidentiality and information security provisions of this Servicing Agreement; provided, however, that when the return, destruction, or erasure of any such materials becomes feasible for the Receiving Party, the Receiving Party must comply with the requirements of (a) or (b) above within sixty (60) calendar days. Medium Destruction Method Hard copy Shredding, pulverizing, burning, or other permanent destruction method Electronic tangible media, such as disks, tapes Destruction or erasure of the media Hard drive or similar storage device Erasure or elimination of Proprietary Information from the device

Document Destruction — Information Erasure. Except as otherwise set forth in this Agreement, upon the earlier of the written request of the Disclosing Party, or when no longer needed by any Party for fulfillment of its obligations under this Agreement, and to the extent permitted by Requirements of Law, the Receiving Party will either: (a) promptly return to the Disclosing Party all documents and other tangible (including electronic) materials containing the Disclosing Party’s Proprietary Information, including all copies thereof in its possession or control; or (b) erase or destroy all such materials. If return, erasure, or destruction is not feasible, then the Receiving Party may maintain the Disclosing Party’s Proprietary Information in compliance with the requirements of the confidentiality and information security provisions of this Agreement, including this Article 12. Notwithstanding the foregoing, Lender understands and agrees that FMC or FMER may maintain archived back-up tapes stored at a secure, offsite location that include transaction history received in connection with the Services and this Agreement and related documents and records for purposes of internal and external auditing of controls and recordkeeping requirements.