Common use of Data Transfer Upon Termination or Expiration Clause in Contracts

Data Transfer Upon Termination or Expiration. A. Within 30 days of the termination, cancellation, expiration or other conclusion of the Agreement, Contractor shall return the Protected or Private University data to the University in an agreed upon format, unless the University requests in writing that such data be destroyed. This provision shall also apply to all Protected or Private Information that is in the possession of subcontractors or agents of Contractor. Such destruction shall be accomplished by “purging” or “physical destruction” in accordance with commercially reasonable standards for the type of data being destroyed (e.g., Guidelines for Media Sanitization, NIST Special Publication 800‐88 Revision 1. Contractor shall certify in writing to University that such return or destruction has been completed. Notwithstanding the expiration or termination of these terms for any reason, the obligations of confidentiality and non-use set forth in this document shall extend for a period of five years after such expiration or termination. B. Contractor will notify the University of impending cessation of its business and any contingency plans. This includes immediate transfer of any previously escrowed assets and data and providing the University access to Contractor's facilities to remove and destroy University-owned assets and data. Contractor shall implement its exit plan and take all necessary actions to ensure a smooth transition of service with minimal disruption to the University. Contractor will also provide a full inventory and configuration of servers, routers, other hardware, and software involved in service delivery along with supporting documentation, indicating which if any of these are owned by or dedicated to the University. Contractor will work closely with its successor to ensure a successful transition to the new equipment, with minimal downtime and effect on the University, all such work to be coordinated and performed in advance of the formal, final transition date.

Data Transfer Upon Termination or Expiration. A. Within 30 days a. Upon termination or expiration of this agreement, Selected Firm will ensure that all University Data are securely returned or destroyed as directed by the termination, cancellation, expiration or other conclusion of the Agreement, Contractor shall return the Protected or Private University data in its sole discretion. Transfer to the University in an agreed upon format, unless or a third party designated by the University requests shall occur within a reasonable period of time, and without significant interruption in writing service. Selected Firm shall ensure that such transfer/migration uses facilities and methods that are compatible with the relevant systems of the University or its transferee, and to the extent technologically feasible, that the University will have reasonable access to University Data during the transition. b. Upon termination or expiration of this agreement, and after any requested transfer of data, Selected Firm must Securely Destroy all data be destroyed. This provision shall also apply to all Protected or Private Information that is in its possession and in the possession of any subcontractors or agents of Contractorto which Selected Firm might have transferred University data. Such destruction shall be accomplished by “purging” or “physical destruction” in accordance with commercially reasonable standards for the type Selected Firm agrees to provide documentation of data being destroyed (e.g., Guidelines for Media Sanitization, NIST Special Publication 800‐88 Revision 1. Contractor shall certify in writing destruction to University that such return or destruction has been completed. Notwithstanding the expiration or termination of these terms for any reason, the obligations of confidentiality and non-use set forth in this document shall extend for a period of five years after such expiration or terminationUniversity. B. Contractor c. Selected Firm will notify the University of impending cessation of its business and any contingency plans. This includes immediate transfer of any previously escrowed assets and data and providing the University access to Contractor's Selected Firm’s facilities to remove and destroy University-owned assets and data. Contractor Selected Firm shall implement its exit plan and take all necessary actions to ensure a smooth transition of service with minimal disruption to the University. Contractor Selected Firm will also provide a full inventory and configuration of servers, routers, other hardware, and software involved in service delivery along with supporting documentation, indicating which if any of these are owned by or dedicated to the University. Contractor Selected Firm will work closely with its successor to ensure a successful transition to the new equipment, with minimal downtime and effect on the University, all such work to be coordinated and performed in advance of the formal, final transition date.