Common use of Return of Proprietary Items Clause in Contracts

Return of Proprietary Items. Upon a termination of this Agreement or a termination of the right to use the Licensed System or a right to use a particular Component System, Company shall immediately cease attempts to access and use the relevant Component Systems and related Proprietary Items, and Company shall promptly return to BNYM or destroy all copies of the relevant Documentation and any other related Proprietary Items then in Company's possession. Notwithstanding the foregoing, Company shall not be required to return or destroy copies of the Proprietary Items and Documentation from its backup media and servers, where doing so would require development and implementation of specialized software or programs. In addition, the foregoing destruction and return obligation shall be subject to any retention obligations imposed on Company by law or regulation. Company shall remain liable for any payments due to BNYM with respect to the period ending on the date of termination or any Continuation Period, as applicable, and any charges arising due to the termination. Proprietary Items and Documentation retained by Company in accordance with the foregoing shall remain subject to Company's obligations under Section 4 (Confidentiality) of the Main Agreement.

Return of Proprietary Items. Upon a termination of this Agreement or a termination of the right to use the Licensed System or a right to use a particular Component System, Company shall immediately cease attempts to access and use the relevant Component Systems and related Proprietary Items, and Company shall promptly return to BNYM or destroy all copies of the relevant Documentation and any other related Proprietary Items then in Company's ’s possession. Notwithstanding the foregoing, Company shall not be required to return or destroy copies of the Proprietary Items and Documentation from its backup media and servers, where doing so would require development and implementation of specialized software or programs. In addition, the foregoing destruction and return obligation shall be subject to any retention obligations imposed on Company by law or regulation. Company shall remain liable for any payments due to BNYM with respect to the period ending on the date of termination or any Continuation Period, as applicable, and any charges arising due to the termination. Proprietary Items and Documentation retained by Company in accordance with the foregoing shall remain subject to Company's ’s obligations under Section 4 (Confidentiality) of the Main Agreement.