Common use of Destroyed or Lost Data Clause in Contracts

Destroyed or Lost Data. Provider shall (i) adequately mark or otherwise identify ▇▇▇▇▇▇▇ Data as ▇▇▇▇▇▇▇ property; (ii) store ▇▇▇▇▇▇▇ Data separately from Provider’s property and property of any other customer of Provider; and (iii) promptly return ▇▇▇▇▇▇▇ Data at ▇▇▇▇▇▇▇ written request. Provider bears the risk and liability for all loss, theft or destruction to any ▇▇▇▇▇▇▇ Data provided to Provider. Provider will not modify, delete or destroy any ▇▇▇▇▇▇▇ Data or media on which ▇▇▇▇▇▇▇ Data resides without prior authorization from ▇▇▇▇▇▇▇. Provider will maintain and provide to ▇▇▇▇▇▇▇ one or more reports that identify ▇▇▇▇▇▇▇ Data or media that have been modified or destroyed. In the event any ▇▇▇▇▇▇▇ Data is modified, lost or destroyed due to any act or omission of Provider or any Provider Personnel, including any breach of the security procedures described in this ARTICLE 11, any SOW , Provider shall be responsible for the prompt regeneration or replacement of ▇▇▇▇▇▇▇ Data; provided, however, that if ▇▇▇▇▇▇▇ Data is modified, lost or destroyed as a result of Provider’s conformance to procedures required by ▇▇▇▇▇▇▇ in writing, any Charges for such regeneration or replacement of ▇▇▇▇▇▇▇ Data shall be in accordance with the applicable SOW or, if not addressed in the applicable Work Order, at ▇▇▇▇▇▇▇ Rate. Provider shall prioritize this effort so that the loss of ▇▇▇▇▇▇▇ Data will not have a material adverse effect upon ▇▇▇▇▇▇▇ business or the Services. ▇▇▇▇▇▇▇ agrees to reasonably cooperate with Provider to provide any available information, files or raw data needed for the regeneration of ▇▇▇▇▇▇▇ Data. If Provider fails to correct or regenerate the lost or destroyed ▇▇▇▇▇▇▇ Data within the time reasonably set by ▇▇▇▇▇▇▇, then ▇▇▇▇▇▇▇ may obtain data reconstruction services from a third party, and Provider shall cooperate with such third party as reasonably requested by ▇▇▇▇▇▇▇ and, in addition to any other damages incurred by ▇▇▇▇▇▇▇, Provider will be responsible for the actual reasonable costs incurred by ▇▇▇▇▇▇▇ for the reconstruction of ▇▇▇▇▇▇▇ Data by a third party. In the event it is determined that ▇▇▇▇▇▇▇ Data has been modified, lost or destroyed as a result of the willful misconduct of Provider or Provider Personnel, ▇▇▇▇▇▇▇ may, in addition to and not in lieu of any other remedies afforded to it hereunder or by law, terminate the applicable SOW or this Agreement for cause pursuant to Section 19.1(a)(i) and without a further right to cure.

Destroyed or Lost Data. Provider shall (i) adequately mark or otherwise identify ▇▇▇▇▇▇▇ Data as ▇▇▇▇▇▇▇ property; (ii) store ▇▇▇▇▇▇▇ Data separately from Provider’s property and property of any other customer of Provider; and (iii) promptly return ▇▇▇▇▇▇▇ Data at ▇▇▇▇▇▇▇ written request. Provider bears the risk and liability for all loss, theft or destruction to any ▇▇▇▇▇▇▇ Data provided to Provider. Provider will not modify, delete or destroy any ▇▇▇▇▇▇▇ Data or media on which ▇▇▇▇▇▇▇ Data resides without prior authorization from ▇▇▇▇▇▇▇Talcott. Provider will maintain and provide to ▇▇▇▇▇▇▇ Talcott one or more reports that identify ▇▇▇▇▇▇▇ Data or media that have been modified or destroyed. In the event any ▇▇▇▇▇▇▇ Data is modified, lost or destroyed due to any act or omission of Provider or any Provider Personnel, including any breach of the security procedures described in this ARTICLE 11, any SOW , Provider shall be responsible for the prompt regeneration or replacement of ▇▇▇▇▇▇▇ Data; provided, however, that if ▇▇▇▇▇▇▇ Data is modified, lost or destroyed as a result of Provider’s conformance to procedures required by ▇▇▇▇▇▇▇ in writing, any Charges for such regeneration or replacement of ▇▇▇▇▇▇▇ Data shall be in accordance with the applicable SOW or, if not addressed in the applicable Work Order, at ▇▇▇▇▇▇▇ Rate. Provider shall prioritize this effort so that the loss of ▇▇▇▇▇▇▇ Data will not have a material adverse effect upon ▇▇▇▇▇▇▇ business or the Services. ▇▇▇▇▇▇▇ agrees to reasonably cooperate with Provider to provide any available information, files or raw data needed for the regeneration of ▇▇▇▇▇▇▇ Data. If Provider fails to correct or regenerate the lost or destroyed ▇▇▇▇▇▇▇ Data within the time reasonably set by ▇▇▇▇▇▇▇, then ▇▇▇▇▇▇▇ may obtain data reconstruction services from a third party, and Provider shall cooperate with such third party as reasonably requested by ▇▇▇▇▇▇▇ and, in addition to any other damages incurred by ▇▇▇▇▇▇▇, Provider will be responsible for the actual reasonable costs incurred by ▇▇▇▇▇▇▇ for the reconstruction of ▇▇▇▇▇▇▇ Data by a third party. In the event it is determined that ▇▇▇▇▇▇▇ Data has been modified, lost or destroyed as a result of the willful misconduct of Provider or Provider Personnel, ▇▇▇▇▇▇▇ may, in addition to and not in lieu of any other remedies afforded to it hereunder or by law, terminate the applicable SOW or this Agreement for cause pursuant to Section 19.1(a)(i) and without a further right to cure.