Recovery Benefit Exclusions Sample Clauses

Recovery Benefit Exclusions. A Recovery Benefit may be restricted to the country in which the Participant subscribed to the Solutions. A a. Participant fails to take commercially reasonable measures to: (i) undertake preventative maintenance, including but not limi xxx to patching b. of any application and/or operating system running on an endpoint that is up to date per the timeframe for Common Vulnerability Scoring System (CVSS): Critical (score 8.5+) within 7 days, High (score 7-8.5) within 30 days; and Medium and Lower (score < 7.0) within 60 days, where each time frame is beginning from the date the fix is made available and if a reboot of the system or application was required in connection with any of the above, the application/system will not be considered to have fulfilled this requirement unless and until completion of the applicable reboot; and (ii) implement cloud or other back up measures of Participant’s data to allow for recovery from a Xxxxxx Event; Participant fails to deploy multifactor authentication (MFA) on email, servers housing proprietary and privacy data, and operating systems essential business operations; c. Participant fails to deploy industry standard and up-to-date anti-virus or comparable prevention tools on its endpoints; d. Participant does not have the Solutions actively deployed in the part of the Participant’s network or computer systems in which the Event e. occurred, such that there was no active deployment providing Prime Subscriber with means of receiving supported secu rity relevant telemetry from such network or computer systems (i.e., infrastructure or endpoint); Participant is in breach of Prime Subscriber’s Contract or the Contract with Prime Subscriber has terminated or expired; f. Participant is unable to provide proof of the Event or cannot verify the Event through log/event data; g. The Breach Incident is occurring within a virtual desktop infrastructure (e.g. Citrix, VMware, and other virtual desktop infrastructure
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Related to Recovery Benefit Exclusions

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Definitions As used in this Agreement:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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