Common use of Unauthorized Acts Clause in Contracts

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's Confidential Information by any person or entity which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.02.

Appears in 4 contracts

Samples: Remittance Processing Services Agreement (American Express Issuance Trust), Remittance Processing Services Agreement (American Express Receivables Financing Corp Ii), Remittance Processing Services Agreement (American Express Receivables Financing Corp Ii)

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Unauthorized Acts. Each party Party shall: (1) notify the other party Party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's any Confidential Information by any person or entity which may become known to such partyit, (2) promptly furnish to the other party Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other Party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party Party in any litigation and investigation against third parties deemed necessary by the other party such Party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.02.

Appears in 3 contracts

Samples: Technology and Management Agreement (Tenet Healthcare Corp), Information Technology Services Agreement (United Healthcare Corp), Information Technology Services Agreement (Unitedhealth Group Inc)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's Confidential Information by any person or entity Person which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.0211.02.

Appears in 2 contracts

Samples: Insurance Administrative Services Agreement (Bma Variable Life Account A), Insurance Administrative Services Agreement (Bma Variable Annuity Account A)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's Confidential Information by any person or entity which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.0210.02.

Appears in 2 contracts

Samples: Administrative Services Agreement (Assurant Inc), Administrative Services Agreement (Assurant Inc)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use use, or knowledge, or attempt thereof, of the other party's any Confidential Information by any person or entity which may become known to such partyit, (2) promptly furnish to the other party full details of the unauthorized possession, use use, or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other party in investigating or preventing the reoccurrence of any unauthorized possession, use use, or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties deemed necessary by the other such party to protect its proprietary rights rights, and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use use, or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.02.

Appears in 2 contracts

Samples: Agreement (Streamline Com Inc), Agreement (Streamline Com Inc)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's ’s Confidential Information by any person or entity which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.02.

Appears in 1 contract

Samples: Confidential Treatment (American Express Receivables Financing Corp VIII LLC)

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Unauthorized Acts. Each party shall: Party shall (1) notify the other party Party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other partyParty's Confidential Information by any person or entity which may become known to such partyParty, (2) promptly furnish to the other party Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other Party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party Party in any litigation and investigation against third parties deemed necessary by the other party Party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party Party shall bear the cost it incurs as a result of compliance with this Section 17.0219.02.

Appears in 1 contract

Samples: Systems Operations Services Agreement (Eckerd Corp)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's ’s Confidential Information by any person or entity Person which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties Persons deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.0210.2.

Appears in 1 contract

Samples: Insurance Administrative Services Agreement (Merrill Lynch Life Insurance Co)

Unauthorized Acts. Each party shall: (1) notify the other party promptly of any material unauthorized possession, use or knowledge, or attempt thereof, of the other party's ’s Confidential Information by any person or entity Person which may become known to such party, (2) promptly furnish to the other party full details of the unauthorized possession, use or knowledge, or attempt thereof, and use reasonable efforts to investigate and prevent assist the recurrence other party in investigating or preventing the reoccurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information, (3) use reasonable efforts to cooperate with the other party in any litigation and investigation against third parties Persons deemed necessary by the other party to protect its proprietary rights and (4) promptly use all reasonable efforts to prevent a recurrence reoccurrence of any such unauthorized possession, use or knowledge of Confidential Information. Each party shall bear the cost it incurs as a result of compliance with this Section 17.029.2.

Appears in 1 contract

Samples: Insurance Administrative Services Agreement (Kemper Investors Life Insurance Co)

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