Litigation Hold Clause Samples

Litigation Hold. In the case of pending or threatened litigation, the district's attorney will issue a litigation hold directive to the superintendent or designee. The litigation hold directive will override any records retention schedule that may have otherwise called for the transfer, disposal or destruction of relevant documents until the hold has been lifted by the district's attorney. E-mail and other technology accounts of separated employees that have been placed on a litigation hold will be maintained by the district's information technology department until the hold is released. No employee who has been notified of a litigation hold may alter or delete any electronic record that falls within the scope of the hold. Violation of the hold may subject the individual to disciplinary actions, up to and including termination of employment, as well as personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.

Litigation Hold. Employee agrees that during her employment with the Company she was provided with, and became subject to, one or more Company-issued litigation hold notices directing her to preserve specific categories of documents and electronically stored information (“ESI”) that may be potentially relevant to an existing or threatened legal action (“Potential Evidence”). Employee represents and warrants that she will make reasonable and good faith efforts to preserve all Potential Evidence in Employee’s possession, custody or control. This commitment to preserve Potential Evidence shall extend to any and all ESI (and its metadata) existing on: (1) any free-standing or networked computer or server in Employee’s personal possession, including any laptop, mobile phone, tablet, digital music device or digital camera and (2) any device that may store ESI, including internal and external hard or flash disk drives, as well as any optical or magnetic media. Employee further represents and warrants that she will make best efforts to cooperate with the Company in connection with any legal obligation that the Company may have in the future to obtain, review and produce any Potential Evidence in Employee’s possession, custody or control.

Litigation Hold. If you wish to place a litigation hold on some or all of Your data archived by Us, You shall send an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ identifying the pages and dates You would like Us to hold or give Us notice using the web form made available to You for that purpose on Our website. Within one (1) business day after receipt of Your request, We will confirm to You that we have received Your request by sending an email to the address We have on file for You. Within two (2) business days after Our receipt of Your request, We will flag those pages and dates so that they are identified as not to be deleted and confirm to You by email that this has been done. Within three (3) business days after the receipt of Your request, We will export the pages and dates identified by You from the archives stored on Our servers (the cost of this Service is price per gigabyte of the data exported). We will export the data in a printable format and/or its native format including the digital signatures and timestamps. We may change the process for implementing a litigation hold by updating the User Guide. Please consult the User Guide for any changes to these procedures.

Litigation Hold. If Member District notifies Provider about threatened, pending, or current litigation that involves a matter(s) that relate(s) to records stored or maintained by Provider, Provider agrees to immediately preserve all electronically stored information, including electronic files and records, ("ESI") that relate to the matter(s) — i.e., implement a Litigation Hold. Member District will notify Provider of the specific records that must be preserved and/or the type/nature of the ESI to be preserved. Provider expressly recognizes its duty to preserve all ESI in response to a litigation hold request and agrees to comply with the request and maintain all relevant ESI until Member District notifies Provider in writing that the Litigation Hold has been lifted/released. If this Agreement expires or otherwise is terminated as specified herein, or becomes void, and a Litigation Hold is in place involving specific records and/or ESI, Provider shall delay the deletion of Member District Data, which includes such records/ESI, for a period of six (6) months so Member District can work with Provider to ensure the data covered by the Litigation Hold is duly preserved and its integrity maintained in accordance with the Litigation Hold in a manner acceptable to the applicable court and other party(ies) to the litigation. Provider shall not charge Member District any additional fees to maintain records pursuant to a Litigation Hold.

Litigation Hold. 41. The Parties agree that, as of the effective date of this Agreement, litigation is not “reasonably foreseeable” concerning the matters described above. To the extent that either Party previously implemented a litigation hold to preserve documents, electronically stored information (ESI), or things related to the matters described above, the Party is no longer required to maintain such litigation hold. Nothing in this Paragraph relieves either Party of any other obligations imposed by this Agreement.

Litigation Hold. Executive agrees that during her employment with the Company she was provided with, and became subject to, one or more Company-issued litigation hold notices directing her to preserve specific categories of documents and electronically stored information (“ESI”) that may be potentially relevant to an existing or threatened legal action (“Potential Evidence”). Executive represents and warrants that she will make reasonable and good faith efforts to preserve all Potential Evidence in Executive’s possession, custody or control during the Transition Period and following her employment with the Company. This commitment to preserve Potential Evidence shall extend to any and all ESI (and its metadata) existing on: (1) any free-standing or networked computer or server in Executive’s personal possession, including any laptop, mobile phone, tablet, digital music device or digital camera and (2) any device that may store ESI, including internal and external hard or flash disk drives, as well as any optical or magnetic media. Executive further represents and warrants that she will make best efforts to cooperate with the Company in connection with any legal obligation that the Company may have in the future to obtain, review and produce any Potential Evidence in Executive’s possession, custody or control.

Litigation Hold. Vendor acknowledges and agrees, upon receipt of a litigation hold request from District, to immediately implement a litigation hold and preserve all documents and data relevant identified by District and suspend deletion, overwriting, or any other possible destruction of documentation and data identified in, related to, arising out of and/or relevant to the litigation hold.

Litigation Hold. Reseller acknowledge that Uplevel Systems has no obligation to store or avoid the destruction of data pursuant to the Federal Rules of Civil Procedure, including but not limited to Rule 26 thereof, or any other similar state law, rule or regulation. Should Reseller or Reseller's End User feel data preservation is necessary, Reseller shall submit a request for such service pursuant to Section 22. If Uplevel deems Reseller's data preservation request to be too burdensome, Uplevel shall have the right to terminate the Reseller Agreement, or any individual End User’s Services, immediately and without liability to Reseller or the End User in question.

Litigation Hold. You acknowledge that we have no obligation to store or avoid the destruction of data pursuant to the Federal Rules of Civil Procedure, including but not limited to Rule 26 thereof, or any other similar state law, rule or regulation. If you or your Customer feel data preservation is necessary, you shall submit a request for such service pursuant to the notice provisions of Section 29. You shall be responsible for all costs related thereto. If we deem your data preservation request to be too burdensome, we shall have the right to terminate this Agreement, or any individual Customer’s Services, immediately and without liability to you or the Customer in question.