Liability for Loss of Data. In case of a loss of data caused by OT, OT is exclusively liable for the costs of reconstructing saved data that would also have been lost if backup copies had been made at appropriate intervals. The Licensee is responsible for regularly backing up its data. Any failure to fulfill this obligation will be deemed contributory negligence.
Liability for Loss of Data. In the event of loss of any data or records necessary for the performance of this Contract where such loss is due to the error or negligence of the Contractor, the Contractor shall be responsible, irrespective of cost to the Contractor, for recreating such lost data or records.
Liability for Loss of Data. In the event of loss of any data or record necessary for the performance of this Agreement where such loss is due to gross negligence of the Contractor, the Contractor shall be responsible, irrespective of the cost to the Contractor, for the re-creation of such lost data or records. BCPS shall be the sole judge as to whether the lost records have been re- created accurately and completely.
Liability for Loss of Data. 14.1 Either party will be responsible or bear the risk of any error or loss of data, information, transactions or other losses that may be because of the failure in the computer system or third party communications provider on which both parties rely. The Bank shall not have any liability for any damage or loss, consequential or direct which is incurred by use of the Customer’s mobile device or computer (virus or otherwise).
Liability for Loss of Data. Whereas CONSULTANT may setup and perform data backups on behalf of CLIENT, and whereas during the performing of services hereunder data may be changed or harmed, and whereas CONSULTANT may attempt to recover data damaged or lost on various computer or related equipment, CLIENT acknowledges that CLIENT is solely responsible for the integrity, reliability and security of its own data and equipment. Furthermore CLIENT is solely responsible for the comprehensiveness, in- tegrity, reliability and security of data backups. XXXXXX agrees to indemnify, defend and hold harmless CONSULTANT against any and all loss of data stored on any computer or related equipment owned by CLIENT, including any and all loss of data backups, as the result of services performed hereunder.
Liability for Loss of Data. When computer services are used to complete the work for the engagement, the Department shall maintain adequate supporting material or copies to enable Contractor to regenerate card files, tape files, printer outputs and other data furnished to Contractor by the State. In the event of loss of such Department supplied data due to machine failure or negligence of Contractor or its personnel, Contractor shall be liable for such loss and shall replace or regenerate the lost data from the State's supporting material by the methods or means deemed most suitable as agreed between the parties.
Liability for Loss of Data. In the event of loss of any data or records necessary for the performance of the Agreement where such loss is due to the negligence of the Customer, the Customer shall be responsible, irrespective of cost to the Customer, for recreating such lost data or records.
