Common use of Data Delivery Clause in Contracts

Data Delivery. Commencing on the Effective Time, Provider shall generate on a continuous basis and provide to Recipient, in real-time via FTP or as otherwise agreed to by the Parties, all data generated and/or maintained by Provider and its Subsidiaries (or a third Person designated by Provider) in the normal course of its Business used to determine (a) the actual TPV processed by Provider and its Subsidiaries in connection with the Services provided to each Recipient Party, and (b) Provider’s determination of the Predicted TPV with respect to the Services provided to each Recipient Party (collectively “Provider Data”). During those periods in which Provider fails to provide to Recipient such Provider Data as set forth herein, Recipient may use its own data regarding actual TPV processed by Provider and its Subsidiaries for all purposes set forth in this Schedule 4.1.