Essential Equivalence. The Parties shall assess, taking into account the circumstances of the transfer, whether the level of protection for Personal Data afforded by the Applicable Laws that are applicable to the Data Importer are essentially equivalent to that provided under the Data Protection Laws applicable to the Data Exporter. In the event either Party believes, in its reasonable discretion, that it is unable to comply with the requirements under the applicable cross-border transfer mechanism specified in Appendix B (and any regulations promulgated thereunder, each as amended, supplemented or otherwise modified from time to time in accordance with Applicable Law) or provide such a level of protection to Personal Data, such Party shall notify the other Party of such determination and the Customer may, if it agrees with such determination and the Parties cannot reasonably supplement the cross-border transfer mechanism described in Appendix B with additional terms and conditions that would provide the required level of protection or adopt another cross-border data transfer mechanism that will provide the required level of protection, suspend any further transfers of Personal Data or terminate the SaaS Agreement.
Essential Equivalence. In the event either Party believes, in its reasonable discretion, that it is unable to comply with the requirements set forth in the Standard Contractual Clauses (as may be supplemented in accordance with its terms) such Party shall notify the other Party of such determination and the other Party may, if it agrees with such determination and the Parties
