Incident Event and Communications Management. a. Incident Management/Notification of Breach - State Street will maintain an incident response plan that specifies actions to be taken when State Street or one of its subcontractors suspects or detects that a party has gained unauthorized access to Client Data or systems or applications containing any Client Data (the “Response Plan”). Such Response Plan will include an escalation procedure that includes notification to senior managers and reporting to regulatory and law enforcement agencies, when and if applicable. State Street will use commercially reasonable efforts to investigate, remediate and mitigate such unauthorized access. b. State Street will notify Client within forty-eight (48) hours after it has determined that unauthorized access to Client Data has occurred, unless otherwise prohibited by Applicable Law. In such an event, and unless prohibited by Applicable Law, State Street will provide information, to the extent available to State Street, sufficient to provide a reasonable description of the general circumstances and extent of such unauthorized access, and will provide reasonable cooperation to Client: i. in the investigation of any such unauthorized access; ii. in Client’s efforts to comply with statutory notice or other Applicable Laws applicable to Client or its customers; and iii. in litigation and investigations brought by Client against third parties, including injunctive or other equitable relief reasonably necessary to protect Client’s proprietary rights.
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Sources: Transfer Agency and Service Agreement (Adams Street Private Equity Navigator Fund LLC), Sub Administration Agreement (Adams Street Private Equity Navigator Fund LLC), Transfer Agency and Service Agreement (Lord Abbett Private Credit Fund S)
Incident Event and Communications Management. a. Incident Management/Notification of Breach - State Street will maintain an incident response plan that specifies actions to be taken when State Street or one of its subcontractors suspects or detects that a party has gained unauthorized access to Client Data or systems or applications containing any Client Data (the “Response Plan”). Such Response Plan will include an escalation procedure that includes notification to senior managers and reporting to regulatory and law enforcement agencies, when and if applicable. State Street will use commercially reasonable efforts to investigate, remediate and mitigate such unauthorized access.
b. State Street will notify Client within fortyseventy-eight two (4872) hours after it has determined that unauthorized access to Client Data has occurred, unless otherwise prohibited by Applicable Law. In such an event, and unless prohibited by Applicable Law, State Street will provide information, to the extent available to State Street, sufficient to provide a reasonable description of the general circumstances and extent of such unauthorized access, and will provide reasonable cooperation to Client:
i. in the investigation of any such unauthorized access;
ii. in Client’s efforts to comply with statutory notice or other Applicable Laws applicable to Client or its customers; and
iii. in litigation and investigations brought by Client against third parties, including injunctive or other equitable relief reasonably necessary to protect Client’s proprietary rights.
Appears in 2 contracts
Sources: Custody Agreement (Strategic Trust), Transfer Agency and Service Agreement (American Beacon Select Funds)
Incident Event and Communications Management. a. Incident Management/Notification of Breach - State Street will maintain an incident response plan that specifies actions to be taken when State Street or one of its subcontractors suspects or detects that a party has gained unauthorized access to Client Data or systems or applications containing any Client Data (the “Response Plan”). Such Response Plan will include an escalation procedure that includes notification to senior managers and reporting to regulatory and law enforcement agencies, when and if applicable. State Street will use commercially reasonable efforts to investigate, remediate and mitigate such unauthorized access.
b. State Street will notify Client within fortyseventy-eight two (4872) hours after it has determined that unauthorized access to Client Data has occurred, unless otherwise prohibited by Applicable applicable Law. In such an event, and unless prohibited by Applicable applicable Law, State Street will provide information, to the extent available to State Street, sufficient to provide a reasonable description of the general circumstances and extent of such unauthorized access, and will provide reasonable cooperation to Client:
i. in the investigation of any such unauthorized access;
ii. in Client’s efforts to comply with statutory notice or other Applicable applicable Laws applicable to Client or its customersshareholders; and
iii. in litigation and investigations brought by Client against third parties, including injunctive or other equitable relief reasonably necessary to protect Client’s proprietary rights.
Appears in 1 contract