Common use of Unauthorized Acts Clause in Contracts

Unauthorized Acts. Without limiting either Party's rights, each Party shall: (1) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's Confidential Information by any person or entity that becomes known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3) 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 its commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party shall bear the cost it incurs as a result of compliance with this SECTION 19.04.

Unauthorized Acts. Without limiting either Party's rights’s rights in respect of a breach of this Article, each Party shallwill: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's ’s Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (3c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rightsrights in Confidential Information to the extent such litigation or investigation relates to the Services; and (4d) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party shall will bear the cost it incurs as a result of compliance with this SECTION 19.04Article 8.

Unauthorized Acts. Without limiting either Party's rightsrights in respect of a breach of this Section 20, each Party shall: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party against third parties to protect its such Party's proprietary rights; and (4d) promptly use its commercially all reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section 20.

Unauthorized Acts. Without limiting either Party's rightsrights in respect of a breach of this Article, each Party shall: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and ; (c) assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3d) 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 (4e) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section; provided, however, the Party by or through whom the unauthorized possession, use or knowledge, or attempt thereof, occurred shall bear the costs the other Party incurs as a result of compliance with clauses (c), (d) and (e).

Unauthorized Acts. Without limiting either Party's rightsrights in respect of a breach of this Section, each Party shall: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rightsrights (provided that the other Party shall pay such Party's reasonable costs and expenses arising out of its cooperation with any litigation hereunder); and (4d) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Except as otherwise noted, each Party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section.

Unauthorized Acts. Without limiting either Party's rightsparty’s rights in respect of a breach of this Section, each Party party shall: (1) promptly notify the other Party party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's party’s Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreementparty; (2) promptly furnish to the other Party full party the details of the unauthorized possession, use or knowledge, or attempt thereof, known by such party and assist the other Party party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3) 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; andand DISTRIBUTION SERVICES AGREEMENT General Electric Company (4) promptly use its commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section.

Unauthorized Acts. Without limiting either Party's rightsparty’s rights in respect of a breach of this Section, each Party party shall: (1i) promptly notify the other Party party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's party’s Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreementparty; (2ii) promptly furnish to the other Party full party the details of the unauthorized possession, use or knowledge, or attempt thereof, known by such party and assist the other Party party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3iii) 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 (4iv) promptly use its commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section.

Unauthorized Acts. Without limiting either Party's rights’s rights in respect of a breach of this Article, each Party shall: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's ’s Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and ; (c) assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3d) reasonably 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 (4e) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. Each Party shall bear the cost it incurs as a result of compliance with this SECTION 19.04Section; provided, however, that the Party by or through whom the unauthorized possession, use or knowledge, or attempt thereof, occurred shall bear the costs the other Party incurs as a result of compliance with clauses (c), (d) and (e).

Unauthorized Acts. Without limiting either Party's rights’s rights in respect of a breach of this Article, each Party shallwill: (1a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's ’s Confidential Information by any person or entity that becomes may become known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (2b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (3c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rightsrights in Confidential Information to the extent such litigation or investigation relates to the Services; and (4d) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party shall will bear the cost it incurs as a result of compliance with this SECTION 19.04Article.