Common use of Malicious Software Clause in Contracts

Malicious Software. 20.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the parties). 20.2.2 Notwithstanding clause 20.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 20.2.1 shall be borne by the Parties as follows: 20.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 9 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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Malicious Software. 20.2.1 22.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 22.2.2 Notwithstanding clause 20.2.122.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 22.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 22.2.1 shall be borne by the Parties as follows: 20.2.3.1 22.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 5 contracts

Samples: Lease Agreement, Order Form and Call Off Terms, Order Form and Call Off Terms

Malicious Software. 20.2.1 17.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, of and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 17.2.2 Notwithstanding clause 20.2.117.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Placement Services to their desired operating efficiency. 20.2.3 17.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 17.2.2 shall be borne by the Parties as follows: 20.2.3.1 17.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 5 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

Malicious Software. 20.2.1 24.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the parties). 20.2.2 24.2.2 Notwithstanding clause 20.2.124.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 24.2.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 20.2.1 24.2.1 shall be borne by the Parties as follows: 20.2.3.1 24.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software, the Specially Written Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 24.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Malicious Software. 20.2.1 28.2.1. The Supplier shall, as an enduring obligation throughout the Call Off Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-anti- virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 28.2.2. Notwithstanding clause 20.2.1Clause 28.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the provision of the Services to their its desired operating efficiency. 20.2.3 28.2.3. Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 Clause 28.2.1 shall be borne by the Parties as follows: 20.2.3.1 (a) by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 (b) by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 1 contract

Samples: Call Off Agreement

Malicious Software. 20.2.1 17.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 17.2.2 Notwithstanding clause 20.2.117.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 17.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 17.2.1 shall be borne by the Parties as follows: 20.2.3.1 17.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 1 contract

Samples: Order Form and Call Off Terms

Malicious Software. 20.2.1 36.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the usethe latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 36.2.2 Notwithstanding clause 20.2.1Clause 0, if Malicious Software is found, the Parties shall co-co- operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 36.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 Clause 36.2.1 shall be borne by the Parties as follows: 20.2.3.1 36.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 36.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 1 contract

Samples: Letter of Appointment

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Malicious Software. 20.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in to and on the ICT Environment Supplier’s computer and other business systems (or as otherwise agreed between including the partiesEnabling Equipment). 20.2.2 . Notwithstanding clause 20.2.1Clause 64.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 . Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 Clause 64.2.1 shall be borne by the Parties as follows: 20.2.3.1 : by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present ); and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 1 contract

Samples: Demand Side Response Services Framework Agreement

Malicious Software. 20.2.1 23.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 23.2.2 Notwithstanding clause 20.2.123.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 23.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 23.2.1 shall be borne by the Parties as follows: 20.2.3.1 23.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 23.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).

Appears in 1 contract

Samples: Call Off Agreement

Malicious Software. 20.2.1 23.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 23.2.2 Notwithstanding clause 20.2.123.2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 23.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 23.2.1 shall be borne by the Parties as follows: 20.2.3.1 23.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 23.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).]

Appears in 1 contract

Samples: Call Off Agreement

Malicious Software. 20.2.1 23.2.1 The Supplier shall, as an enduring obligation throughout the Contract Period, use the latest versions of anti-virus definitions and software available from an industry accepted anti-virus anti‑virus software vendor to check for, contain the spread of, and minimise the impact of Malicious Software in the ICT Environment (or as otherwise agreed between the partiesParties). 20.2.2 23.2.2 Notwithstanding clause 20.2.123.2.1, if Malicious Software is found, the Parties shall co-operate co‑operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 20.2.3 23.2.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 20.2.1 23.2.1 shall be borne by the Parties as follows: 20.2.3.1 23.2.3.1 by the Supplier, where the Malicious Software originates from the Supplier Software or the Customer Data (whilst the Customer Data was under the control of the Supplier) unless the Supplier can demonstrate that such Malicious Software was present and not quarantined or otherwise identified by the Customer when provided to the Supplier; and 20.2.3.2 23.2.3.2 by the Customer if the Malicious Software originates from the Customer Software or the Customer Data (whilst the Customer Data was under the control of the Customer).]

Appears in 1 contract

Samples: Call Off Agreement

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