Response to Preservation and Production Requirements. 13.6.3.1 If Kraft is required to, or sees a risk that it will be required to, preserve and/or produce any Materials, Kraft Data, Kraft’s Proprietary Information or related Systems possessed by Supplier or under Supplier’s control in the context of legal proceedings or investigations (“Litigation Data”), Kraft may send Supplier a notice (a “Litigation Requirements Notice”) describing the Litigation Data to be preserved or produced in reasonable detail. If Kraft so requests, Supplier shall promptly provide Kraft with information needed to determine with greater specificity the scope of the request.
Response to Preservation and Production Requirements. (i) If an Eligible Recipient is required to, or sees a risk that it shall be required to, preserve and/or produce any Materials, Client Data, Client Confidential Information or related Systems possessed by Provider or under Provider’s control in the context of legal or regulatory proceedings or investigations, Client may send Provider a notice (a “Litigation Requirements Notice”) describing the items to be preserved or produced in reasonable detail. If Client so requests, Provider shall promptly provide Client with information needed to determine with greater specificity the scope of the request.
(ii) Upon receipt of a Litigation Requirements Notice, Provider shall (A) designate a legal information management representative who shall be responsible for managing Provider’s response and any resulting Services and (B) cooperate with Client in developing a reasonable, complete and cost-effective plan for preserving and/or producing items covered by such Litigation Requirement Notice.
(iii) To the extent that a Litigation Requirement Notice designates for preservation items that Provider can identify with reasonable certainty, Provider shall promptly take all commercially reasonable measures to preserve such items for evidentiary purposes. To the extent that a Litigation Requirement Notice covers production of items that Provider can identify with reasonable certainty, Provider shall use all Commercially Reasonable Efforts to produce such items, in a form and format as reasonably identified by Client, by the date set forth in the Litigation Requirements Notice (or within thirty (30) days, if no date is given). If Provider is unable to determine from the Litigation Requirements Notice what items are to be preserved and/or produced, or is not able for technical or other reasons to take effective steps to fully preserve or produce such items, Provider shall promptly notify Client and cooperate with Client in further specifying such items and in implementing the required technology or procedures.
(iv) Provider shall cooperate with Client in generating information to be presented in legal proceedings, including, as Client requests, (A) cost estimates, (B) descriptions of systems, data, media and processes, (C) reports, declarations and affidavits, (D) reasons why it may be infeasible to preserve or produce certain items, and (E) other material as requested by Client. Without limiting the generality of the foregoing, Provider shall fully document all actions taken by...
