Common use of Viruses Clause in Contracts

Viruses. Each Party will take commercially reasonable measures to ensure that no Virus or similar items are introduced into the Software system and the operating environments used to provide the Services. If a Virus is found to have been introduced into the Software systems and the operating environments used in connection with the Services, each Party shall use commercially reasonable efforts and diligently work to eliminate the effects of the Virus; provided, however, both Parties shall take immediate action if required due to the nature or severity of the Virus' proliferation. If a Virus is introduced into the Software system or the operating environments used to provide the Services from a desktop computer or other source controlled by Provider, then Provider will be financially responsible for the costs associated with eliminating the effects of the Virus. If a Virus is introduced into the Software system or the operating environment to provide the Services from other than an Provider controlled source, then Provider shall not be financially responsible for the costs associated with eliminating the effects of the Virus. Each Party shall be responsible for the reasonable costs incurred by the other Party resulting from the responsible Party's failure to fulfill its obligations under this Section 3.5.

Viruses. Each Party will take commercially reasonable measures to ensure that no Virus or similar items are coded or introduced into the Software system and the operating environments used to provide the Services. If a Virus is found to have been introduced into the Software systems and the operating environments used in connection with the Services, each Party shall use commercially reasonable efforts and diligently work to eliminate the effects of the Virus; provided, however, both Parties shall take immediate action if required due to the nature or severity of the Virus' proliferation. If a Virus is introduced into the Software system or the operating environments used to provide the Services from a desktop computer or other source controlled by Provider, then Provider will be financially responsible for the costs associated with eliminating the effects of the Virus. If a Virus is introduced into the Software system or the operating environment to provide the Services from other than an Provider controlled source, then Provider shall not be ---------- * Confidential information has been omitted. financially responsible for the costs associated with eliminating the effects of the Virus. Each Party shall be responsible for the reasonable costs incurred by the other Party resulting from the responsible Party's failure to fulfill its obligations under this Section 3.5.