Common use of Notice of Inability to Perform; Vulnerability Assessment, Notification and Remediation Clause in Contracts

Notice of Inability to Perform; Vulnerability Assessment, Notification and Remediation. (a) The Trust will notify X.X. Xxxxxx immediately of any actual or threatened occurrence of any event that does, or could reasonably be expected to, materially adversely affect Trust’s ability to perform its obligations under this Agreement. Trust will notify X.X. Xxxxxx immediately of any Security Breach (defined below), including the expected impact that the Security Breach may have on X.X. Xxxxxx. On receipt of any notices under this section, X.X. Xxxxxx may request, and Trust will as soon as reasonably practicable provide further information and adequate assurances acceptable to X.X. Xxxxxx. (b) The Trust will cooperate with X.X. Xxxxxx to assess and remediate vulnerabilities that could compromise the System and/or the JPMC API, the Instructions and any other information or data transmitted to X.X. Xxxxxx, systems, or critical functioning of the information technology infrastructure of X.X. Xxxxxx or its clients or customers or that impacts Trust’s ETF Agency Services Agreement – August 2021 external-facing, internal or partner environments. To that end, the Trust will: (i) actively monitor industry resources for applicable security alerts and immediately notify X.X. Xxxxxx upon the discovery of a critical vulnerability in its external-facing, internal, subcontractor or partner environments or in the systems connected to the System and/or the JPMC API (each, a “Critical Vulnerability”); (ii) respond in writing as soon as reasonably practicable to a X.X. Xxxxxx inquiry about the impact of a known Critical Vulnerability; (iii) as soon as reasonably practicable after (A) the Trust’s discovery of a Critical Vulnerability, or (B) receipt of a X.X. Xxxxxx inquiry about a Critical Vulnerability, provide X.X. Xxxxxx with a written and detailed plan to appropriately remediate such Critical Vulnerability; and (iv) provide X.X. Xxxxxx with written confirmation as soon as each such Critical Vulnerability has been remediated. (c) In the event of any actual or reasonably suspected act or omission that compromises the integrity of any systems used for transmitting, processing, storing or otherwise handling the Instructions, including unauthorized or suspicious intrusion into those systems, improper access to or misuse of the System, JPMC API or Trust systems as well as applicable industry standard control requirement (“Security Breach”), Trust will immediately notify X.X. Xxxxxx of, and will cooperate fully with X.X. Xxxxxx to investigate and remediate, that Security Xxxxxx.

Notice of Inability to Perform; Vulnerability Assessment, Notification and Remediation. (a) The Trust will notify X.X. Xxxxxx immediately of any actual or threatened occurrence of any event that does, or could reasonably be expected to, materially adversely affect Trust’s ability to perform its obligations under this Agreement. Trust will notify X.X. Xxxxxx immediately of any Security Breach (defined below), including the expected impact that the Security Breach may have on X.X. Xxxxxx. On receipt of any notices under this section, X.X. Xxxxxx may request, and Trust will as soon as reasonably practicable provide further information and adequate assurances acceptable to X.X. Xxxxxx.. ETF Agency Services Agreement – August 2021 (b) The Trust will cooperate with X.X. Xxxxxx to assess and remediate vulnerabilities that could compromise the System and/or the JPMC API, the Instructions and any other information or data transmitted to X.X. Xxxxxx, systems, or critical functioning of the information technology infrastructure of X.X. Xxxxxx or its clients or customers or that impacts Trust’s ETF Agency Services Agreement – August 2021 external-facing, internal or partner environments. To that end, the Trust will: (i) actively monitor industry resources for applicable security alerts and immediately notify X.X. Xxxxxx upon the discovery of a critical vulnerability in its external-facing, internal, subcontractor or partner environments or in the systems connected to the System and/or the JPMC API (each, a “Critical Vulnerability”); (ii) respond in writing as soon as reasonably practicable to a X.X. Xxxxxx inquiry about the impact of a known Critical Vulnerability; (iii) as soon as reasonably practicable after (A) the Trust’s discovery of a Critical Vulnerability, or (B) receipt of a X.X. Xxxxxx inquiry about a Critical Vulnerability, provide X.X. Xxxxxx with a written and detailed plan to appropriately remediate such Critical Vulnerability; and (iv) provide X.X. Xxxxxx with written confirmation as soon as each such Critical Vulnerability has been remediated. (c) In the event of any actual or reasonably suspected act or omission that compromises the integrity of any systems used for transmitting, processing, storing or otherwise handling the Instructions, including unauthorized or suspicious intrusion into those systems, improper access to or misuse of the System, JPMC API or Trust systems as well as applicable industry standard control requirement (“Security Breach”), Trust will immediately notify X.X. Xxxxxx of, and will cooperate fully with X.X. Xxxxxx to investigate and remediate, that Security Xxxxxx.

Notice of Inability to Perform; Vulnerability Assessment, Notification and Remediation. (a) The Trust will notify X.X. Xxxxxx immediately of any actual or threatened occurrence of any event that does, or could reasonably be expected to, materially adversely affect Trust’s ability to perform its obligations under this Agreement. The Trust will notify X.X. Xxxxxx immediately of any Security Breach (defined below), including the expected impact that the Security Breach may have on X.X. Xxxxxx. On receipt of any notices under this section, X.X. Xxxxxx may request, and Trust will as soon as reasonably practicable provide further information and adequate assurances acceptable to X.X. Xxxxxx. (b) The Trust will cooperate with X.X. Xxxxxx to assess and remediate vulnerabilities that could compromise the System and/or the JPMC API, the Instructions and any other information or data transmitted to X.X. Xxxxxx, systems, or critical functioning of the information technology infrastructure of X.X. Xxxxxx or its clients or customers or that impacts Trust’s ETF Agency Services Agreement – August 2021 external-facing, internal or partner environments. To that end, the Trust will: (i) actively monitor industry resources for applicable security alerts and immediately notify X.X. Xxxxxx upon the discovery of a critical vulnerability in its external-facing, internal, subcontractor or partner environments or in the systems connected to the System and/or the JPMC API (each, a “Critical Vulnerability”); (ii) respond in writing as soon as reasonably practicable to a X.X. Xxxxxx inquiry about the impact of a known Critical Vulnerability; (iii) as soon as reasonably practicable after (A) the Trust’s discovery of a Critical Vulnerability, or (B) receipt of a X.X. Xxxxxx inquiry about a Critical Vulnerability, provide X.X. Xxxxxx with a written and detailed plan to appropriately remediate such Critical Vulnerability; and (iv) provide X.X. Xxxxxx with written confirmation as soon as each such Critical Vulnerability has been remediated. (c) In the event of any actual or reasonably suspected act or omission that compromises the integrity of any systems used for transmitting, processing, storing or otherwise handling the Instructions, including unauthorized or suspicious intrusion into those systems, improper access to or misuse of the System, JPMC API or Trust systems as well as applicable industry standard control requirement (“Security Breach”), Trust will immediately notify X.X. Xxxxxx of, and will cooperate fully with X.X. Xxxxxx to investigate and remediate, that Security Xxxxxx.

Notice of Inability to Perform; Vulnerability Assessment, Notification and Remediation. (a) The Trust will notify X.X. Xxxxxx immediately of any actual or threatened occurrence of any event that does, or could reasonably be expected to, materially adversely affect Trust’s ability to perform its obligations under this Agreement. Trust will notify X.X. Xxxxxx immediately of any Security Breach (defined below), including the expected impact that the Security Breach may have on X.X. Xxxxxx. On receipt of any notices under this section, X.X. Xxxxxx may request, and Trust will as soon as reasonably practicable provide provide, further information and adequate assurances acceptable to X.X. Xxxxxx. (b) The Trust will cooperate with X.X. Xxxxxx to assess and remediate vulnerabilities that could compromise the System and/or the JPMC API, the Instructions and any other information or data transmitted to X.X. Xxxxxx, systems, or critical functioning of the information technology infrastructure of X.X. Xxxxxx or its clients or customers or that impacts Trust’s ETF Agency Services Agreement – August 2021 external-facing, internal or partner environments. To that end, the Trust will: (i) actively monitor industry resources for applicable security alerts and immediately notify X.X. Xxxxxx upon the discovery of a critical vulnerability in its external-facing, internal, subcontractor or partner environments or in the systems connected to the System and/or the JPMC API (each, a “Critical Vulnerability”); (ii) respond in writing as soon as reasonably practicable to a X.X. Xxxxxx inquiry about the impact of a known Critical Vulnerability; (iii) as soon as reasonably practicable after (A) the Trust’s discovery of a Critical Vulnerability, or (B) receipt of a X.X. Xxxxxx inquiry about a Critical Vulnerability, provide X.X. Xxxxxx with a written and detailed plan to appropriately remediate such Critical Vulnerability; and (iv) provide X.X. Xxxxxx with written confirmation as soon as each such Critical Vulnerability has been remediated. (c) In the event that the Trust knows or reasonably should have known of any actual or reasonably suspected act or omission that compromises the integrity of any systems used for transmitting, processing, storing or otherwise handling the Instructions, including unauthorized or suspicious intrusion into those systems, improper access to or misuse of the System, JPMC API or Trust systems as well as applicable industry standard control requirement (“Security Breach”), Trust will immediately notify X.X. Xxxxxx of, and will cooperate fully with X.X. Xxxxxx to investigate and remediate, that Security XxxxxxBreach.