Common use of Malware Clause in Contracts

Malware. Without prejudice to any other obligations which the Supplier has under this Framework Agreement in relation to Malware, the Supplier shall, as an enduring obligation throughout the Term (and after the end of the Term (as applicable) in accordance with the process for Exit Management), use its reasonable endeavours to prevent Malware from being introduced into the Authority’s or Contracting Body’s ICT environment via the Services. This shall include an obligation to use the latest versions of anti-virus definitions available from an industry accepted anti-virus software vendor to check for and delete Malware from the Services. In this Paragraph 7 references to “anti-virus” shall mean to software or other data intended to detect, prevent and/or mitigate the effects of Malware. Notwithstanding Paragraph 7.1 above, if Malware is found the Parties shall cooperate with each other to reduce the effect of the Malware and, particularly if Malware causes loss of operational efficiency or loss or corruption of Contracting Body data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. Any cost arising out of the actions of the Parties taken in compliance with the provisions of Paragraph 7.2 above shall be borne by the Parties as follows: by the Supplier where the Malware originates from the Software (except where the Authority has waived the obligation set out in Paragraph 7.1 above) and/or the Contracting Body data (whilst the Contracting Body data was under the control of the Supplier and/or any Sub-Supplier) unless the Supplier can demonstrate that such Malware was present and not quarantined or otherwise identified by the Authority when provided to the Supplier; and by the Contracting Body if the Malware originates from Contracting Body data (whilst the Contracting Body data was under the control of the Authority).

Malware. Without prejudice to any other obligations which the Supplier has under this Framework Agreement in relation to Malware, the Supplier shall, as an enduring obligation throughout the Term (and after the end of the Term (as applicable) in accordance with the process for Exit Management), use its reasonable endeavours to prevent Malware from being introduced into the Authority’s or Contracting Body’s ICT environment via the Services. This shall include an obligation to use the latest versions of anti-virus definitions available from an industry accepted anti-virus software vendor to check for and delete Malware from the Services. In this Paragraph 7 references to “anti-virus” shall mean to software or other data intended to detect, prevent and/or mitigate the effects of Malware. Notwithstanding Paragraph 7.1 above, if Malware is found the Parties shall cooperate with each other to reduce the effect of the Malware and, particularly if Malware causes loss of operational efficiency or loss or corruption of Contracting Body data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. Any cost arising out of the actions of the Parties taken in compliance with the provisions of Paragraph 7.2 above shall be borne by the Parties as follows: by the Supplier where the Malware originates from the Software (except where the Authority has waived the obligation set out in Paragraph 7.1 above) and/or the Contracting Body data (whilst the Contracting Body data was under the control of the Supplier and/or any Sub-Supplier) unless the Supplier can demonstrate that such Malware was present and not quarantined or otherwise identified by the Authority when provided to the Supplier; and by the Contracting Body if the Malware originates from Contracting Body data (whilst the Contracting Body data was under the control of the Authority). CALL OFF SCHEDULE 8: DIVERSITY & EQUALITY INTRODUCTION This Call Off Schedule sets out the Diversity and Equality requirements which are applicable to the provision of the Services.

Malware. Without prejudice to any other obligations which the Supplier has under this Framework Agreement in relation to Malware, the Supplier shall, as an enduring obligation throughout the Term (and after the end of the Term (as applicable) in accordance with the process for Exit Management), use its reasonable endeavours to prevent Malware from being introduced into the Authority’s or Contracting Body’s ICT environment via the Services. This shall include an obligation to use the latest versions of anti-virus definitions available from an industry accepted anti-virus software vendor to check for and delete Malware from the Services. In this Paragraph 7 references to “anti-virus” shall mean to software or other data intended to detect, prevent and/or mitigate the effects of Malware. Notwithstanding Paragraph 7.1 above, if Malware is found the Parties shall cooperate with each other to reduce the effect of the Malware and, particularly if Malware causes loss of operational efficiency or loss or corruption of Contracting Body data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. Any cost arising out of the actions of the Parties taken in compliance with the provisions of Paragraph 7.2 above shall be borne by the Parties as follows: by the Supplier where the Malware originates from the Software (except where the Authority has waived the obligation set out in Paragraph 7.1 above) and/or the Contracting Body data (whilst the Contracting Body data was under the control of the Supplier and/or any Sub-Supplier) unless the Supplier can demonstrate that such Malware was present and not quarantined or otherwise identified by the Authority when provided to the Supplier; and by the Contracting Body if the Malware originates from Contracting Body data (whilst the Contracting Body data was under the control of the Authority).and