Common use of Customer Environment Clause in Contracts

Customer Environment. Iron Mountain shall bear no liability to Customer and Customer shall indemnify and hold Iron Mountain harmless from and against any third-party claims (including reasonable attorneys' fees) arising out of or in connection with: (a) Customer’s decision not to implement any reasonable change to Customer’s technical environment that supports the Services that may be advised by Iron Mountain in writing; (b) Customer’s combination, operation, or use of the Licensed Software or Documentation with any product, data, apparatus, or business method that Iron Mountain or its Suppliers did not provide; (c) Customer’s modification of the Documentation; (d) Customer’s distribution, operation or use of the Documentation for the benefit of a third party; (e) Customer’s failure to update the Licensed Software to the latest version available from Iron Mountain or its Suppliers; or (f) Customer’s failure to use the Services in accordance with the Documentation. Further, Customer shall inform Iron Mountain of any system change that may reasonably be expected to affect Iron Mountain’s ability to provide the Services. Customer warrants that it shall (i) purchase encryption as part of the Services; or (ii) encrypt Data prior to transmission to Iron Mountain or its Suppliers using at least 256 bit encryption.

Appears in 2 contracts

Sources: Managed Services Customer Agreement, Managed Services Customer Agreement