Common use of Litigation Support Services Clause in Contracts

Litigation Support Services. Although the parties acknowledge that the Services may be sought by Customer at the direction of Customer’s legal counsel, it is neither Xxxxxxxx's nor Customer's intention for Symantec to perform Litigation Support Services. If, however, Symantec is later compelled to perform any Litigation Support Services, Customer and Symantec agree the following would apply to those Litigation Support Services regardless of whether such Litigation Support Services are sought directly by Customer or by a third party, and notwithstanding any conflict with other terms: o The then‐current hourly rate would apply for all Symantec personnel who perform Litigation Support Services. Litigation Support Services are provided on a time and materials basis, since the actual time required to complete Litigation Support Services may vary. o The parties will work in good faith to document the terms in this "Litigation Support Services" section as well as any additional necessary terms and conditions in a separate agreement at such time as the need for Litigation Support Services should occur. o This "Litigation Support Services" Section will survive termination or expiration of the Agreement. Privilege. If Customer has listed General Counsel contact information in the Required Contact Information Form or has otherwise entered into a separate agreement confirming that the engagement is being conducted at the request of, and at the direction of, Customer’s legal counsel, Symantec will work with all reasonable requests from Customer's legal counsel to preserve any attorney‐ client, attorney work product, or other applicable privileges. Symantec will treat all findings, reports and documentation it provides to Customer as part of the Services as Confidential Information.

Litigation Support Services. Although the parties acknowledge that the Services may be sought by Customer at the direction of Customer’s legal counsel, it is neither Xxxxxxxx's nor Customer's intention for Symantec to perform Litigation Support Services. If, however, Symantec is later compelled to perform any Litigation Support Services, Customer and Symantec agree the following would apply to those Litigation Support Services regardless of whether such Litigation Support Services are sought directly by Customer or by a third party, and notwithstanding any conflict with other terms: o The then‐current then-current hourly rate would apply for all Symantec personnel who perform Litigation Support Services. Litigation Support Services are provided on a time and materials basis, since the actual time required to complete Litigation Support Services may vary. o The parties will work in good faith to document the terms in this "Litigation Support Services" section as well as any additional necessary terms and conditions in a separate agreement at such time as the need for Litigation Support Services should occur. o This "Litigation Support Services" Section will survive termination or expiration of the Agreement. Privilege. If Customer has listed General Counsel contact information in the Required Contact Information Form or has otherwise entered into a separate agreement confirming that the engagement is being conducted at the request of, and at the direction of, CustomerXxxxxxxx’s legal counsel, Symantec will work with all reasonable requests from Customer's legal counsel to preserve any attorney‐ attorney-client, attorney work product, or other applicable privileges. Symantec will treat all findings, reports and documentation it provides to Customer as part of the Services as Confidential Information. Indemnification. Customer will fully indemnify and reimburse Symantec for all losses, damages, liabilities, expenses, costs, and fees (including reasonable attorney's fees) and for Symantec personnel time (at the hourly rate listed above for Litigation Support Services) incurred in connection with any allegation, claim, demand, subpoena, or legal proceeding (including those involving a governmental entity) arising from any incident for which Customer has engaged Symantec to provide the Services, regardless of fault.  Customer acknowledges and agrees that in the course of delivering the Services, Symantec may become aware of issues such as data breaches, network intrusions, or the presence of malware, and that such issues may give rise to regulatory reporting obligations which Customer is subject to in one of more territories in which Customer operates. Accordingly, Customer shall remain solely responsible for all such reporting requirements and Symantec shall have no liability in this regard whatsoever.  Customer acknowledges, understands and agrees that Symantec does not guarantee or otherwise warrant that the Service, or Symantec’s recommendations and plans made by Symantec as a result of that Service, will result in the identification, detection, containment, eradication of, or recovery from all of Customer’s system threats, vulnerabilities, malware, malicious software, or other malicious threats. Customer agrees not to represent to anyone that Symantec has provided such a guarantee or warranty.  Symantec reserves the right to assign any suitable skilled resource(s) available to provide Services. Symantec is not obligated to provide a specific Symantec resource or third-party resource.  Access Rights: Customer acknowledges, understands and agrees that an unauthorized intrusion into wireless access points may be prohibited by applicable local law. By agreeing to this Agreement, Customer is: (i) explicitly confirming to Symantec that it has obtained all applicable consents and authority for Symantec to deliver the Service; and (ii) giving Symantec explicit permission to perform the Service and to access and process any and all data related to the Service, including without limitation, consent to analyze network traffic in real time to detect evidence of known malicious communication patterns and traffic containing unrecognized malicious code (malware), connect to Customer’s computer network, archive and retain all network traffic captured as part of Services (including to store any malware and metadata supplied by Customer, or anyone else working with or for Customer), and (iii) representing that such access and processing by Symantec does not violate any applicable law or any obligation Customer owes to a third party; and (iv) accepting sole responsibility and liability with respect to engagement of such Service. Accordingly, Customer warrants and represents that it is the owner or licensee of any network, systems, IP addresses software, appliances, code, templates, tools, policies, records, working papers, data and/or computers upon which Symantec performs the Service ("Customer Systems"), and that Customer is authorized to instruct Symantec to perform the Service on such Customer Systems. Customer shall fully indemnify and hold harmless Symantec for any claims by any third parties with respect to the Service.  Applicable law or regulation(s) of the country in which Services, including without limitation an Incident Investigation, will be performed may limit or alter the scope of the Services. Service Level Agreement  A Service Credit shall equal 2.5% of the Annual Subscription Charge for the applicable Service. Service Credit(s) granted hereunder will first be applied toward Customer’s next invoice due for the applicable Service, or if no additional invoice is due for the applicable Service, as a payment. Notwithstanding anything to the contrary in the Agreement, in no event shall Symantec be required to credit Customer more than 7.5% of the Annual Subscription Charge payable by Customer for the affected Service in any calendar month and Symantec’s maximum cumulative liability to issue Service Credits for an annual period shall not exceed the Annual Subscription Charge. Symantec’s sole and exclusive obligation and Customer’s sole and exclusive remedy for this Service Level Agreement shall be limited to the issuance of Service Credits.  If Customer believes it is entitled to a remedy in accordance with the Service Level Agreement, Customer must submit a Service Credit Request within ten (10) business days of the end of the calendar month in which the suspected Service Level Agreement non-compliance occurred.  All Service Credit Requests will be subject to verification by Symantec.  Symantec shall not be responsible for its inability to perform Services (including meeting the Service Level Agreement): (i) due to a Force Majeure Event; (ii) during any period of suspension of Service by Symantec in accordance with the terms of the Agreement; (iii) where Customer is in breach of the Agreement (including without limitation if Customer has any overdue invoices); or (iv) Symantec resources are required to obtain visas prior to performing work in Customer’s country.  The remedies set out in the Service Level Agreement shall be Customer’s sole and exclusive remedy in contract, tort (including without limitation negligence) or otherwise, with respect to the Service Level Agreement.

Litigation Support Services. Although the parties acknowledge that the Services may be sought by Customer at the direction of Customer’s legal counsel, it is neither Xxxxxxxx's nor Customer's intention for Symantec to perform Litigation Support Services. If, however, Symantec is later compelled to perform any Litigation Support Services, Customer and Symantec agree the following would apply to those Litigation Support Services regardless of whether such Litigation Support Services are sought directly by Customer or by a third party, and notwithstanding any conflict with other terms: o The then‐current then-current hourly rate would apply for all Symantec personnel who perform Litigation Support Services. Litigation Support Services are provided on a time and materials basis, since the actual time required to complete Litigation Support Services may vary. o The parties will work in good faith to document the terms in this "Litigation Support Services" section as well as any additional necessary terms and conditions in a separate agreement at such time as the need for Litigation Support Services should occur. o This "Litigation Support Services" Section will survive termination or expiration of the Agreement. Privilege. If Customer has listed General Counsel contact information in the Required Contact Information Form or has otherwise entered into a separate agreement confirming that the engagement is being conducted at the request of, and at the direction of, CustomerXxxxxxxx’s legal counsel, Symantec will work with all reasonable requests from Customer's legal counsel to preserve any attorney‐ attorney-client, attorney work product, or other applicable privileges. Symantec will treat all findings, reports and documentation it provides to Customer as part of the Services as Confidential Information. Indemnification. Customer will fully indemnify and reimburse Symantec for all losses, damages, liabilities, expenses, costs, and fees (including reasonable attorney's fees) and for Symantec personnel time (at the hourly rate listed above for Litigation Support Services) incurred in connection with any allegation, claim, demand, subpoena, or legal proceeding (including those involving a governmental entity) arising from any incident for which Customer has engaged Symantec to provide the Services, regardless of fault.  Reporting. Customer acknowledges and agrees that in the course of delivering the Services, Symantec may become aware of issues such as data breaches, network intrusions, or the presence of malware, and that such issues may give rise to regulatory reporting obligations which Customer is subject to in one of more territories in which Customer operates. Accordingly, Customer shall remain solely responsible for all such reporting requirements and Symantec shall have no liability in this regard whatsoever.  Personnel. Symantec reserves the right to assign any suitable skilled resource(s) available to provide Services. Symantec is not obligated to provide a specific Symantec resource or third-party resource.  Access Rights. Customer acknowledges, understands and agrees that an unauthorized intrusion into wireless access points may be prohibited by applicable local law. By agreeing to this Agreement, Customer is: (i) explicitly confirming to Symantec that it has obtained all applicable consents and authority for Symantec to deliver the Service; and (ii) giving Symantec explicit permission to perform the Service and to access and process any and all data related to the Service, including without limitation, consent to analyze network traffic in real time to detect evidence of known malicious communication patterns and traffic containing unrecognized malicious code (malware), connect to Customer’s computer network, archive and retain all network traffic captured as part of Services (including to store any malware and metadata supplied by Customer, or anyone else working with or for Customer), and (iii) representing that such access and processing by Symantec does not violate any applicable law or any obligation Customer owes to a third party; and (iv) accepting sole responsibility and liability with respect to engagement of such Service. Accordingly, Customer warrants and represents that it is the owner or licensee of any network, systems, IP addresses software, appliances, code, templates, tools, policies, records, working papers, data and/or computers upon which Symantec performs the Service ("Customer Systems"), and that Customer is authorized to instruct Symantec to perform the Service on such Customer Systems. Customer shall fully indemnify and hold harmless Symantec for any claims by any third parties with respect to the Service.  Service Limitation. Applicable law or regulation(s) of the country in which Services, including without limitation an Incident Investigation, will be performed may limit or alter the scope of the Services. SERVICE LEVEL AGREEMENT  A Service Credit shall equal 2.5% of the Annual Subscription Charge for the applicable Service. Service Credit(s) granted hereunder will first be applied toward Customer’s next invoice due for the applicable Service after submission of a Service Credit Request, or if no additional invoice is due for the applicable Service, as a payment. Notwithstanding anything to the contrary in the Agreement, in no event shall Symantec be required to credit Customer more than 7.5% of the Annual Subscription Charge payable by Customer for the affected Service in any calendar month and Symantec’s maximum cumulative liability to issue Service Credits for an annual period of the Term shall not exceed the Annual Subscription Charge. Symantec’s sole and exclusive obligation and Customer’s sole and exclusive remedy for this Service Level Agreement shall be limited to the issuance of Service Credits.  With respect to a Custom Retainer Option or additional Service Days with the Term shorter than 1 year due to co-termination, fees paid for purchasing such Custom Retainer Option, to the extent they are subject to a Service Credit, will be included in the calculation of the Annual Subscription Charge on a prorated basis.  If Customer believes it is entitled to a remedy in accordance with the Service Level Agreement, Customer must submit a Service Credit Request within 10 Normal Work Days of the end of the calendar month in which the suspected Service Level Agreement non-compliance occurred.  All Service Credit Requests will be subject to verification by Symantec.  Symantec shall not be responsible for its inability to perform Services (including meeting the Service Level Agreement) in whole or in part: (i) due to unforeseen circumstances or to causes beyond Symantec’s reasonable control including but not limited to war, strike, riot, crime, acts of God, or shortages of resources ; (ii) legal prohibition, including but not limited to, passing of a statute, decree, regulation or order; (iii) during any period of suspension of Service by Symantec in accordance with the terms of the Agreement; (iv) where Customer is in breach of the Agreement (including without limitation if Customer has any overdue invoices); or (v) Symantec resources are required to obtain visas prior to performing work in Customer’s country.  The remedies set out in the Service Level Agreement shall be Customer’s sole and exclusive remedy in contract, tort (including without limitation negligence) or otherwise, with respect to the Service Level Agreement.

Litigation Support Services. Although the parties acknowledge that the Services may be sought by Customer at the direction of Customer’s legal counsel, it is neither Xxxxxxxx's nor Customer's intention for Symantec to perform Litigation Support Services. If, however, Symantec is later compelled to perform any Litigation Support Services, Customer and Symantec agree the following would apply to those Litigation Support Services regardless of whether such Litigation Support Services are sought directly by Customer or by a third party, and notwithstanding any conflict with other terms: o The then‐current then-current hourly rate would apply for all Symantec personnel who perform Litigation Support Services. Litigation Support Services are provided on a time and materials basis, since the actual time required to complete Litigation Support Services may vary. o The parties will work in good faith to document the terms in this "Litigation Support Services" section as well as any additional necessary terms and conditions in a separate agreement at such time as the need for Litigation Support Services should occur. o This "Litigation Support Services" Section will survive termination or expiration of the Agreement. Privilege. If Customer has listed General Counsel contact information in the Required Contact Information Form or has otherwise entered into a separate agreement confirming that the engagement is being conducted at the request of, and at the direction of, CustomerXxxxxxxx’s legal counsel, Symantec will work with all reasonable requests from Customer's legal counsel to preserve any attorney‐ attorney-client, attorney work product, or other applicable privileges. Symantec will treat all findings, reports and documentation it provides to Customer as part of the Services as Confidential Information. Indemnification. Customer will fully indemnify and reimburse Symantec for all losses, damages, liabilities, expenses, costs, and fees (including reasonable attorney's fees) and for Symantec personnel time (at the hourly rate listed above for Litigation Support Services) incurred in connection with any allegation, claim, demand, subpoena, or legal proceeding (including those involving a governmental entity) arising from any incident for which Customer has engaged Symantec to provide the Services, regardless of fault. ▪ Reporting. Customer acknowledges and agrees that in the course of delivering the Services, Symantec may become aware of issues such as data breaches, network intrusions, or the presence of malware, and that such issues may give rise to regulatory reporting obligations which Customer is subject to in one of more territories in which Customer operates. Accordingly, Customer shall remain solely responsible for all such reporting requirements and Symantec shall have no liability in this regard whatsoever. ▪ Personnel. Symantec reserves the right to assign any suitable skilled resource(s) available to provide Services. Symantec is not obligated to provide a specific Symantec resource or third-party resource. ▪ Access Rights. Customer acknowledges, understands and agrees that an unauthorized intrusion into wireless access points may be prohibited by applicable local law. By agreeing to this Agreement, Customer is: (i) explicitly confirming to Symantec that it has obtained all applicable consents and authority for Symantec to deliver the Service; and (ii) giving Symantec explicit permission to perform the Service and to access and process any and all data related to the Service, including without limitation, consent to analyze network traffic in real time to detect evidence of known malicious communication patterns and traffic containing unrecognized malicious code (malware), connect to Customer’s computer network, archive and retain all network traffic captured as part of Services (including to store any malware and metadata supplied by Customer, or anyone else working with or for Customer), and (iii) representing that such access and processing by Symantec does not violate any applicable law or any obligation Customer owes to a third party; and (iv) accepting sole responsibility and liability with respect to engagement of such Service. Accordingly, Customer warrants and represents that it is the owner or licensee of any network, systems, IP addresses software, appliances, code, templates, tools, policies, records, working papers, data and/or computers upon which Symantec performs the Service ("Customer Systems"), and that Customer is authorized to instruct Symantec to perform the Service on such Customer Systems. Customer shall fully indemnify and hold harmless Symantec for any claims by any third parties with respect to the Service. ▪ Service Limitation. Applicable law or regulation(s) of the country in which Services, including without limitation an Incident Investigation, will be performed may limit or alter the scope of the Services. SERVICE LEVEL AGREEMENT ▪ A Service Credit shall equal 2.5% of the Annual Subscription Charge for the applicable Service. Service Credit(s) granted hereunder will first be applied toward Customer’s next invoice due for the applicable Service after submission of a Service Credit Request, or if no additional invoice is due for the applicable Service, as a payment. Notwithstanding anything to the contrary in the Agreement, in no event shall Symantec be required to credit Customer more than 7.5% of the Annual Subscription Charge payable by Customer for the affected Service in any calendar month and Symantec’s maximum cumulative liability to issue Service Credits for an annual period of the Term shall not exceed the Annual Subscription Charge. Symantec’s sole and exclusive obligation and Customer’s sole and exclusive remedy for this Service Level Agreement shall be limited to the issuance of Service Credits. ▪ With respect to a Custom Retainer Option or additional Service Days with the Term shorter than 1 year due to co-termination, fees paid for purchasing such Custom Retainer Option, to the extent they are subject to a Service Credit, will be included in the calculation of the Annual Subscription Charge on a prorated basis. ▪ If Customer believes it is entitled to a remedy in accordance with the Service Level Agreement, Customer must submit a Service Credit Request within 10 Normal Work Days of the end of the calendar month in which the suspected Service Level Agreement non-compliance occurred. ▪ All Service Credit Requests will be subject to verification by Symantec. ▪ Symantec shall not be responsible for its inability to perform Services (including meeting the Service Level Agreement) in whole or in part: (i) due to unforeseen circumstances or to causes beyond Symantec’s reasonable control including but not limited to war, strike, riot, crime, acts of God, or shortages of resources ; (ii) legal prohibition, including but not limited to, passing of a statute, decree, regulation or order; (iii) during any period of suspension of Service by Symantec in accordance with the terms of the Agreement; (iv) where Customer is in breach of the Agreement (including without limitation if Customer has any overdue invoices); or (v) Symantec resources are required to obtain visas prior to performing work in Customer’s country. ▪ The remedies set out in the Service Level Agreement shall be Customer’s sole and exclusive remedy in contract, tort (including without limitation negligence) or otherwise, with respect to the Service Level Agreement.

Litigation Support Services. Although the parties acknowledge that the Services may be sought by Customer at the direction of Customer’s legal counsel, it is neither Xxxxxxxx's nor Customer's intention for Symantec to perform Litigation Support Services. If, however, Symantec is later compelled to perform any Litigation Support Services, Customer and Symantec agree the following would apply to those Litigation Support Services regardless of whether such Litigation Support Services are sought directly by Customer or by a third party, and notwithstanding any conflict with other terms: o The then‐current hourly rate would apply for all Symantec personnel who perform Litigation Support Services. Litigation Support Services are provided on a time and materials basis, since the actual time required to complete Litigation Support Services may vary. o The parties will work in good faith to document the terms in this "Litigation Support Services" section as well as any additional necessary terms and conditions in a separate agreement at such time as the need for Litigation Support Services should occur. o This "Litigation Support Services" Section will survive termination or expiration of the Agreement. Privilege. If Customer has listed General Counsel contact information in the Required Contact Information Form or has otherwise entered into a separate agreement confirming that the engagement is being conducted at the request of, and at the direction of, Customer’s legal counsel, Symantec will work with all reasonable requests from Customer's legal counsel to preserve any attorney‐ client, attorney work product, or other applicable privileges. Symantec will treat all findings, reports and documentation it provides to Customer as part of the Services as Confidential Information. Indemnification. Customer will fully indemnify and reimburse Symantec for all losses, damages, liabilities, expenses, costs, and fees (including reasonable attorney's fees) and for Symantec personnel time (at the hourly rate listed above for Litigation Support Services) incurred in connection with any allegation, claim, demand, subpoena, or legal proceeding (including those involving a governmental entity) arising from any incident for which Customer has engaged Symantec to provide the Services, regardless of fault.