Sent. 2 Clause c of the GDPR)
Sent. 2 Clause c, and Art. 32 GDPR in particular in conjunction with Art. 5 Para. 1 and Para. 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the technology; implementation costs; the nature, scope, and purposes of processing; as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the scope of Art. 32 Para. 1 GDPR must be taken into account.
Sent. 3 of the German Income Tax Code (Einkommensteuergesetz) of ArvinMeritor Emissions Technologies GmbH amount to at least EUR 85,000,000 as of September 30, 2006 and as of the Closing. In addition, the distributable reserves (capital reserves less accumulated losses “Verlustvortrag”) amount to at least EUR 85,000,000 as of the date hereof and as of the Closing.
Sent. 1 #1 BGB because of denial of service is only permissible if TBS was provided with adequate time to remedy the cause of failure and those attempts were not successful. Failure of rectification must be assumed if it is impossible to fix the defect, if remedy is denied by TBS or if it is delayed intolerably or for other intolerable reasons (i.e. repeated unsuccessful attempts). The right to extraordinary termination of both parties for important reasons remains unaffected. Any termination of contract requires written form. In case of important reasons TBS may at first temporarily block access of the customer to request ordinary fulfillment of the contract. Further rights of TBS (especially the compensation of damages and extraordinary contract termination) remain unaffected. Is the contract terminated extraordinarily by TBS in case of important reasons that the customer is responsible for, TBS reserves the right to claim full payment of any service fees due to the end of a contractual period or to the next ordinary contract termination possibility. This also applies for the time the service was blocked because of actions caused by customer. Does the contract end due to compliance failure made by TBS, TBS will reimburse service fees that were paid in advance, calculated ‘pro rata temporis‘ to the contractual period.
Sent. 2 lit. a GDPR or another overriding legal provision. The Service Agreement and the This agreement constitute the final instructions of the Customer (with respect to the data processing) at the time of the conclusion of this This agreement.
Sent. 1 #1 BGB because of denial of service is only permissible if TechniData was provided with adequate time to remedy the cause of failure and those attempts were not successful. Failure of rectification must be assumed if it is impossible to fix the defect, if remedy is denied by TechniData or if it is delayed intolerably or for other intolerable reasons (i.e. repeated unsuccessful attempts). The right to extraordinary termination of both parties for important reasons remains unaffected. Any termination of contract requires written form (fax, e-mail will suffice). In case of important reasons, TechniData may at first temporarily block access of the customer to request ordinary fulfillment of the contract. Further rights of TechniData (especially the compensation of damages and extraordinary contract termination) remain unaffected. Is the contract terminated extraordinarily by TechniData in case of important reasons that the customer is responsible for, TechniData reserves the right to claim full payment of any service fees due to the end of a contractual period or to the next ordinary contract termination possibility. This also applies for the time the service was blocked because of actions caused by customer. Does the contract end due to compliance failure made by TechniData, TechniData will reimburse service fees that were paid in advance, calculated ‘pro rata temporis‘ to the contractual period. TechniData reserves the right to delete or block any of the customer data or contents on the provided infrastructure after the end of the contractual period. As far as copies of software or any documentation was delivered to customer, those have to be returned to TechniData or deleted promptly after the end of the contract, should there be no further obligations of customer to safe keep such documents for an extended period. Upon demand, deletion must be acknowledged in writing to TechniData.
