Examples of Breached Party in a sentence
In the event either Party has actual knowledge that its proprietary information technology services or programs have been breached or otherwise subject to unauthorized access (“Breached Party”), the Breached Party shall notify the other Party no later than (3) business days of confirming the occurrence of such breach.
All costs related to the Parties’ activities undertaken pursuant to this Section shall be borne by the Breached Party to the extent such Breached Party is in material breach of the Agreement or is grossly negligent where such breach or gross negligence causes the remediation costs.
The Breached Party shall be solely responsible to notify government authorities and individuals of any Data Breach experienced by it.
In case one Party is late for payment more than fifteen (15) days from the due date (Breaching Party), the other Party (Breached Party) has the right to request the Violating Party to pay an additional amount of interest.
While coordinating closely with the non-Breached Party, it remains the responsibility of the Breached Party to provide an appropriate notice to the individuals that are or may be affected if the Breached Party is required by Applicable Law to provide such notice or the circumstances of the Breach lead the Breached Party to determine that such notice is required for business or reputational reasons.
If such breach relates to any Personally Identifiable Information, notification of individuals affected will be at the Parties’ discretion and in discussion in accordance with Applicable Law and at the sole expense of the Breached Party.
The Breached Party further agrees to provide all reasonable assistance requested by the other party in the furtherance of any investigation, correction, and/or remediation of any such Breach, including, but not limited to, providing any notification that the other party may determine appropriate to send to individuals impacted or potentially impacted and/or providing any credit monitoring or identity protection services that the other party deems appropriate to provide.
The Breached Party shall fund all costs associated with the remediation of any such breach.
The non-breached Party shall have the right to suspend sharing Program Information or Company Independent Information, as applicable, with the Breached Party if such Breached Party or its agent suffers a Security Incident until such time as the cause of the Security Incident (and risk of another Security Incident) have been addressed to the sharing Party’s reasonable satisfaction.
If the non-Breached Party is required under Applicable Law to provide notice to individuals that are or may be affected, the non-Breached Party, in its sole discretion, may opt to give the actual notice to the Customer, in which event the costs of issuing such notice will be borne by the Breached Party and the Breached Party shall provide additional notice only in consultation with the non-Breached Party.