Common use of Legal Process; Complaints Clause in Contracts

Legal Process; Complaints. (1) If Voya notifies BNY Mellon that any of the information of or relating to Voya or its business, employees, vendors, customers or subscribers (“Covered Data”) in BNY Mellon’s possession or control may be subject to future discovery due to the reasonable anticipation of litigation or otherwise, then BNY Mellon shall implement, within a reasonable time period, measures to preserve the Covered Data in accordance with the processes and policies that BNY Mellon employs for its data in response to anticipated litigation. To the extent operationally practicable and in BNY Mellon’s reasonable discretion, BNY Mellon will fulfill any additional requests by Voya with respect to preserving Covered Data. At Voya’s reasonable request, BNY Mellon shall provide a written description of the preservation efforts undertaken pursuant to this Section and comply with subpoenas related to BNY Mellon’s Covered Data preservation efforts.