Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 12 contracts
Samples: Credit Card Program Agreement (Macy's, Inc.), Servicing Agreement (Neiman Marcus, Inc.), Credit Card Program Agreement (Pier 1 Imports Inc/De)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might will cause immediate and irreparable harm to the Disclosing Party for which money damages might will not constitute an adequate remedy. In that event, the Receiving Party agrees that equitable or injunctive relief (including specific performance) may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party by the Receiving Party or any Person to whom the Receiving Party shall have disclosed such information which may come to its the Receiving Party’s attention, and to take all steps at its own the Receiving Party’s expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or usesame.
Appears in 5 contracts
Samples: Private Label Credit Card Program Agreement (Signet Jewelers LTD), Credit Card Program Agreement (Signet Jewelers LTD), Servicing Agreement (Signet Jewelers LTD)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile or PDF e-mail of any security breach that may have compromised any Confidential Information or Information, of any unauthorized misappropriation, disclosure or use by any Person person of the Confidential Information of the Disclosing Party which may come to its attention, attention and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 2 contracts
Samples: Private Label Credit Card Program Agreement, Private Label Credit Card Program Agreement (Kohls Corporation)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or Information, of any unauthorized misappropriation, disclosure or use by any Person person of the Confidential Information of the Disclosing Party which may come to its attention, attention and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 2 contracts
Samples: Private Label Credit Card Program Agreement (Kohls Corporation), Private Label Credit Card Program Agreement (Dillards Inc)
Unauthorized Use or Disclosure of Confidential Information. 66 Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might would cause immediate and irreparable harm to the Disclosing Party for which money damages might would not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may shall be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to: (a) provide notice to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information use or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party Party’s Confidential Information in breach of this Agreement which may come to its attention, in each case promptly, but in any case within the earlier of public disclosure thereof, and three (3) Business Days following the date on which disclosure or use came to the attention of the Receiving Party and (b) take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract
Samples: Credit Card Program Agreement
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or Information, of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, attention and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, and to take all steps at its own the Receiving Party's expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or useuse that resulted from the Disclosing Party's disclosure of the Confidential Information to the Receiving Party, its Service Providers or their respective Representatives.
Appears in 1 contract
Samples: Credit Card Program Agreement (Coldwater Creek Inc)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile pursuant to Section 17.12, each pursuant to the principles outlined in Section (b) of Schedule 6.4, of any security breach that may have compromised any Confidential Information Information, or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract
Samples: Credit Card Program Agreement (Ascena Retail Group, Inc.)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or Accountholder Data, or of any unauthorized misappropriation, disclosure or use by any Person person of the Confidential Information or Accountholder Data of the Disclosing Party which may come to its attention, attention and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract
Samples: Private Label Credit Program Agreement (Blair Corp)
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might cause immediate and irreparable harm to the Disclosing Party for which money damages might not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile or PDF e-mail of any security breach that may have compromised any Confidential Information or Information, of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, attention and to take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might would cause immediate and irreparable harm to the Disclosing Party for which money damages might would not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party which may come to its attention, and to take all Active.15844721.1 steps at its own the Receiving Party’s expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or useuse that resulted from the Disclosing Party’s disclosure of the Confidential Information to the Receiving Party, its Service Providers or their respective Representatives.
Appears in 1 contract
Unauthorized Use or Disclosure of Confidential Information. Each Receiving Party agrees that any unauthorized use or disclosure of Confidential Information of the Disclosing Party might would cause immediate and irreparable harm to the Disclosing Party for which money damages might would not constitute an adequate remedy. In that event, the Receiving Party agrees that injunctive relief may shall be warranted in addition to any other remedies the Disclosing Party may have. In addition, the Receiving Party agrees promptly to: (a) provide notice to advise the Disclosing Party by telephone and in writing via facsimile of any security breach that may have compromised any Confidential Information use or of any unauthorized misappropriation, disclosure or use by any Person of the Confidential Information of the Disclosing Party Party’s Confidential Information in breach of this Agreement which may come to its attention, in each case promptly, but in any case within the earlier of public disclosure thereof, and three (3) Business Days following the date on which disclosure or use came to the attention of the Receiving Party and (b) take all steps at its own expense reasonably requested by the Disclosing Party to limit, stop or otherwise remedy such breach, misappropriation, disclosure or use.
Appears in 1 contract