Common use of Incident Clause in Contracts

Incident. 1. If Contractor becomes aware of an Incident, misuse of PII, or unauthorized disclosure involving any PII, it shall notify LCS within one (1) calendar day and cooperate with LCS regarding recovery, remediation, and the necessity to involve law enforcement, if any. 2. Unless Contractor can establish that Contractor or any of its Subcontractors is not the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person whose personal information may have been compromised by the Incident. 3. Contractor shall determine the cause of an Incident and produce a remediation plan to reduce the risk of incurring a similar type of breach in the future. Contractor shall present its analysis and remediation plan to LCS within ten (10) calendar days of notifying LCS of an Incident. LCS reserves the right to adjust this plan, in its sole discretion. If Contractor cannot produce its analysis and plan within the allotted time, LCS, in its sole discretion, may perform such analysis and produce a remediation plan, and Contractor shall reimburse LCS for the reasonable costs thereof. 4. Disclosure of PII by Contractor or any Subcontractor for any reason may be cause for legal action by third parties against Contractor, LCS, or their respective agents. Contractor shall indemnify, save, and hold harmless LCS, its employees, and agents against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to this Addendum. Notwithstanding any other provision of this Contract, Contractor shall be liable to LCS for all direct, consequential, and incidental damages arising from an Incident caused by Contractor or its Subcontractors. 5. In the event of an Incident, Contractor shall provide LCS or its designated representatives with access seven (7) days a week, twenty-four (24) hours a day, for the purpose of evaluating, mitigating, or resolving the Incident.

Appears in 8 contracts

Sources: Confidentiality Addendum, Confidentiality Addendum, Confidentiality Addendum

Incident. 1. If Contractor becomes aware of an Incident, misuse of PII, or unauthorized disclosure involving any PII, it shall notify LCS the LEP within one (1) calendar day and cooperate with LCS the LEP regarding recovery, remediation, and the necessity to involve law enforcement, if any. 2. Unless Contractor can establish that Contractor or any of its Subcontractors is not the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person whose personal information may have been compromised by the Incident. 3. Contractor shall determine the cause of an Incident and produce a remediation plan to reduce the risk of incurring a similar type of breach in the future. Contractor shall present its analysis and remediation plan to LCS the LEP within ten (10) calendar days of notifying LCS the LEP of an Incident. LCS The LEP reserves the right to adjust this plan, in its sole discretion. If Contractor cannot produce its analysis and plan within the allotted time, LCSthe LEP, in its sole discretion, may perform such analysis and produce a remediation plan, and Contractor shall reimburse LCS the LEP for the reasonable costs thereof. 4. Disclosure of PII by Contractor or any Subcontractor for any reason may be cause for legal action by third parties against Contractor, LCSthe LEP, or their respective agents. Contractor shall indemnify, save, and hold harmless LCSthe LEP, its employees, and agents against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to this Addendum. Notwithstanding any other provision of this Contract, Contractor shall be liable to LCS the LEP for all direct, consequential, and incidental damages arising from an Incident caused by Contractor or its Subcontractors. 5. In the event of an Incident, Contractor shall provide LCS the LEP or its designated representatives with access seven (7) days a week, twenty-four (24) hours a day, for the purpose of evaluating, mitigating, or resolving the Incident.

Appears in 1 contract

Sources: Confidentiality Addendum

Incident. 1. If Contractor becomes aware of an Incident, misuse of PIIData, or unauthorized disclosure involving any PIIData, it shall notify LCS the CDE and OIS within one (1) calendar day and cooperate with LCS the State regarding recovery, remediation, and the necessity to involve law enforcement, if any. 2. Unless Contractor can establish that Contractor or any of its Subcontractors is not the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person whose personal information may have been compromised by the Incident. 3. Contractor shall determine the cause of an Incident and produce a remediation plan to reduce the risk of incurring a similar type of breach in the future. Contractor shall present its analysis and remediation plan to LCS the State within ten (10) calendar days of notifying LCS the State of an Incident. LCS The State reserves the right to adjust this plan, in its sole discretion. If Contractor cannot produce its analysis and plan within the allotted time, LCSthe State, in its sole discretion, may perform such analysis and produce a remediation plan, and Contractor shall reimburse LCS the State for the reasonable costs thereof. 4. Disclosure of PII Data by Contractor or any Subcontractor for any reason may be cause for legal action by third parties against Contractor, LCSthe State, or their respective agents. Contractor shall indemnify, save, and hold harmless LCSthe State, its employees, and agents against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees pursuant to this AddendumAgreement. Notwithstanding any other provision of this ContractPurchase Order, Contractor shall be liable to LCS the State for all direct, consequential, consequential and incidental damages arising from an Incident caused by Contractor or its Subcontractors. 5. In the event of an Incident, Contractor shall provide LCS the State or its designated representatives with access seven (7) days a week, twenty-four (24) hours a day, for the purpose of evaluating, mitigating, or resolving the Incident.

Appears in 1 contract

Sources: Confidentiality Agreement