Erroneously Delivered Materials. If either Party discovers and determines in good faith, within eighteen (18) months after the Effective Date, that any Data was delivered or transferred to DFS that should not have been so delivered or transferred (such Data, “Erroneously Delivered Data”), such Party shall provide a written notice to the other Party describing the Erroneously Delivered Data and an explanation (with a reasonable level of detail) as to why such Erroneously Delivered Data should not have been delivered or transferred to DFS pursuant to the DSP. If DFS determines in good faith, whether independently or within a reasonable time after receiving a request from RRD, that Erroneously Delivered Data should not have been delivered or transferred to DFS pursuant to the DSP, then DFS shall return and transfer such Erroneously Delivered Data back to RRD and, promptly thereafter, permanently delete all copies of such Erroneously Delivered Data (physical, electronic or otherwise) from all of its and its Group Companies’ records and systems. If any such Erroneously Delivered Data has been provided to a third Person by or behalf of DFS or any of its Group Companies, DFS shall use reasonable efforts to cause such third Person to promptly and permanently delete all copies of such Erroneously Delivered Data (physical, electronic or otherwise) from all of its records and systems. If, however, upon receiving a request from RRD for the return or deletion of Erroneously Delivered Data, DFS determines in good faith that such Erroneously Delivered Data was correctly transferred or delivered to DFS pursuant to the DSP, then DFS shall provide to RRD within a reasonable time written notification of such good faith determination, and any continued dispute between the Parties with respect to the correct or erroneous transfer of Erroneously Delivered Data shall be governed under dispute resolution provisions of ARTICLE VIII.
