Recovery of Archived Data i. When you discontinue Your Service. Or you breach in or otherwise suspend and or terminate your Services in accordance with this Agreement.
Recovery of Archived Data. Regent will exercise commercially reasonable efforts to restore data files from archived copies as quickly as reasonably practicable, as necessary as a result of system failure or data corruption or losses. Customer acknowledges that the amount of time required to restore archived data files is dependent upon numerous factors, including, but not limited to, severity or the relevant data corruption or loss. Restore of data is by formal request and for usage only after all other solutions have been reviewed. Restores are frequently tested by restoring production databases to QA for testing activities. 7. REMEDIES 7.1 Credits Against Fees: In the event the System Availability does not satisfy the Service Standard, then Customer will be entitled to credits against its subsequent payment obligations according to the following: For every [***]% that the System Availability is less than the Service Standard, a credit of [***]% of Customer quarterly fee will be credited to Customer account, for a maximum of [***]% of Customer quarterly fees. Customer must submit full documentation by e-mail to Regent with the credit request. Documentation must show details of proof of downtime. These can be in any manner including Pings, trace routes, and third-party outage notifications for the past 90 days. E-mails without full details are not liable for a credit. In accordance with Section 6.3 of the Agreement, Regent will not be liable for any lost revenues or other damages during down time. The Customer’s rights under this Section 7.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Regent to meet the Service Standard. 10 REV 110713-1 CONFIDENTIAL [***] Confidential portions of this document have been redacted and filed separately with the Commission. SOURCE CODE ESCROW ADDENDUM This SOURCE CODE ESCROW ADDENDUM (the “Addendum”) is an addendum to, and is hereby incorporated into the agreement of even date herewith entitled Master SaaS Agreement, by and between Regent Education, Inc. (“Regent”) and the Customer, including all exhibits and addenda incorporated therein (collectively, the “Agreement”). 1.
Recovery of Archived Data. Regent will exercise commercially reasonable efforts to restore data files from archived copies as quickly as reasonably practicable, as necessary as a result of system failure or data corruption or losses. Customer acknowledges that the amount of time required to restore archived data files is dependent upon numerous factors, including, but not limited to, severity or the relevant data corruption or loss. Restore of data is by formal request and for usage only after all other solutions have been reviewed. Restores are frequently tested by restoring production databases to QA for testing activities.
Recovery of Archived Data. Where you discontinue Your Services in accordance with clause 8.1, or are in breach in accordance with clause 8.5, or Zudello otherwise suspends and/or terminates Your Services in accordance with this Agreement, Zudello reserves the right, in Zudello’s sole discretion, to archive Your Data for a period of time not to exceed six months, upon the expiry of which time the Data will be deleted, but with there being no obligation for Zudello to do so. If Zudello has chosen to store Your Data in this manner and if Your Services are subsequently re-established within this six month period Zudello will restore, and you will be entitled to access, the archived Data provided that You pay Zudello in advance:
Recovery of Archived Data. The Vendor will exercise commercially reasonable efforts to restore data files from archived copies as quickly as reasonably practicable, as necessary as a result of system failure or data corruption or losses. Customer acknowledges that the amount of time required to restore archived data files is dependent upon numerous factors, including, but not limited, severity or the relevant data corruption or loss.
