Common use of Not Covered Clause in Contracts

Not Covered. Subject to the Cysurance Terms, Cysurance may restrict Recovery Services based on local and regulatory data protection laws. Cysurance will not provide Recovery Services if any one or more of the following conditions occur specific to the nature of the loss: a. If Participant fails to take commercially reasonable measures to undertake preventative maintenance, including patching that is up to date per the software manufacturer’s release cycle; b. Participant has not subscribed to the Defendify System/Service for the portion of the Participant’s environment in which the Event occurred; c. The Participant’s contract with Defendify for the Covered Software System/Service has terminated or expired. d. If proof of the failure is not or cannot be verified through log/event data; e. If there is a systemic failure of the Defendify’s infrastructure that results in a xxxxxx compromise to Defendify’s Software System/Service; f. If a Participant is regulated under HIPAA/PCI/SEC: I. Participant has not completed an annual risk assessment and documented risks; II. PHI Inventory has not been fully completed and accounted for prior to an incident and claim; and III. Subject to Participant’s standard historical employment practices related to HIPAA training for new employees, all of Participant’s employees have not completed HIPAA training within the 12 months prior to any incident and claim; g. Participant has not adopted and adhered to all privacy and security policies related to the state and/or other federal regulatory requirements to which Participant is subject prior to any Event. h. Participant does not provide Cysurance with Service Data deemed to be sufficient by Cysurance to support the damages incurred as a result of the Event, such determination to be made in Cysurance’s reasonable discretion, within fifteen (15) days after discovery of the Event; otherwise this will be treated as an invalid Event that is ineligible for Recovery Services.