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. For the avoidance of doubt, State Street will not be required to disclose information that State Street reasonably determines would compromise the security of State Street’s technology or premises or that would impact other State Street clients. GCA20210513 Lord ▇▇▇▇▇▇ Flexible Income Fund Delaware GCA20210513
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Sources: Custody Agreement (Lord Abbett Flexible Income Fund)
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 Lawapplicable law. In such an event, and unless prohibited by Applicable Lawapplicable 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 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. For the avoidance of doubt, State Street will not be required to disclose information that State Street reasonably determines would compromise the security of State Street’s technology or premises or that would impact other State Street clients.
c. In addition to the foregoing, DST AMS has agreed to notify State Street, and to directly notify Client, within forty-eight hours after it has determined that unauthorized access to Client Data has occurred, unless otherwise prohibited by applicable law. GCA20210513 Lord ▇▇▇▇▇▇ Flexible Income Fund Delaware GCA20210513The remainder of the language set forth in (b) above shall also apply with respect to such notification by DST AMS.
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