Common use of Data Protection Measures Clause in Contracts

Data Protection Measures. Except as set forth on Schedule 3.24 and except as has not resulted in and would not reasonably be expected to have a Material Adverse Effect, (a) Borrower has not in the past 2 years experienced any Cyber Security Incidents related to personal data, material confidential Borrower data, or information technology, in each case, that would require notification of individuals, other affected parties, law enforcement, or any Governmental Authority, (b) Borrower has not in the past 2 years received any subpoenas, demands, or other notices from any Governmental Authority investigating, inquiring into, or otherwise relating to any actual or potential violation of any Data Protection Laws or Cyber Security Incident and, to the knowledge of Borrower, Borrower is not under investigation by any Governmental Authority for any actual or potential violation of any Data Protection Laws or Cyber Security Incidents, (c) in the past 2 years, no notice, complaint, claim, enforcement action, proceeding, or litigation, has been served on, or initiated against Borrower or any of its directors, officers, employees or agents (in their capacity as such) by any Person or Governmental Authority under any Data Protection Laws, and (d) the execution, delivery and performance of this Agreement shall not cause, constitute, or result in a breach or violation of any Data Protection Laws or any terms of service or privacy policy entered into by the users of Borrower’s services, including use of the [*] GPU Servers and [*] GPU Servers.