Common use of Malicious Software Clause in Contracts

Malicious Software. 12.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus definitions available [from an industry accepted anti-virus software vendor] to check for and delete Malicious Software from the ICT Environment. 12.2 Notwithstanding clause 12.1 if Malicious Software is found, the parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 12.2 shall be borne by the parties as follows: 12.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the Contractor); and 12.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 15 contracts

Sources: Supplier Services Agreement, Contract for Supplier Services, Contract for Supplier Services

Malicious Software. 12.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus definitions available [from an industry accepted anti-virus software vendor] to check for and delete Malicious Software from the ICT Environment. 12.2 Notwithstanding clause 12.1 if Malicious Software is found, the parties shall co-co- operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 12.2 shall be borne by the parties as follows: 12.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the Contractor); and 12.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 5 contracts

Sources: Supplier Services Contract, Supplier Services Agreement, Supplier Services Agreement

Malicious Software. 12.1 26.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus anti‐virus definitions available [from an industry accepted anti-virus anti‐virus software vendor] vendor to check for and delete Malicious Software from the ICT Environment. 12.2 26.2 Notwithstanding clause 12.1 Clause 26.1 if Malicious Software is found, the parties Parties shall co-operate co‐operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 26.3 Any cost arising out of the actions of the parties Parties taken in compliance with the provisions of clause 12.2 Clause 26.2 shall be borne by the parties Parties as follows: 12.3.1 26.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Supplier Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the ContractorSupplier); and 12.3.2 26.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 5 contracts

Sources: Contract for Propcom Maikarfi, Supplier Services Contract, Supplier Services Contract

Malicious Software. 12.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-anti- virus definitions available [from an industry accepted anti-virus software vendor] to check for and delete Malicious Software from the ICT Environment. 12.2 Notwithstanding clause 12.1 if Malicious Software is found, the parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 12.2 shall be borne by the parties as follows: 12.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the Contractor); and 12.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 2 contracts

Sources: Supplier Services Agreement, Consultancy Services Agreement

Malicious Software. 12.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus anti‐virus definitions available [from an industry accepted anti-virus anti‐virus software vendor] to check for and delete Malicious Software from the ICT Environment. 12.2 Notwithstanding clause 12.1 if Malicious Software is found, the parties shall co-operate co‐operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 12.2 shall be borne by the parties as follows: 12.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the Contractor); and 12.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 1 contract

Sources: Contract for Supplier Services

Malicious Software. 12.1 The Supplier shall, as an enduring obligation throughout the Term, use the latest versions of anti-virus definitions available [from an industry accepted anti-virus software vendor] to check for and delete Malicious Software from the ICT Environment. 12.2 Notwithstanding clause 12.1 if Malicious Software is found, the parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of DFID Data, assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. 12.3 Any cost arising out of the actions of the parties taken in compliance with the provisions of clause 12.2 shall be borne by the parties as follows: 12.3.1 by the Supplier where the Malicious Software originates from the Supplier’s Software, the Third Party Software or the DFID Data (whilst the DFID Data was under the control of the ContractorSupplier); and 12.3.2 by DFID if the Malicious Software originates from the DFID Software or the DFID Data (whilst DFID Data was under the control of DFID).

Appears in 1 contract

Sources: Framework Agreement