Regular Back-ups. As part of its obligation to mitigate damages, OEM shall require End User to take reasonable data back-up measures. In particular, End User shall provide for a daily back-up process and back-up the relevant data before Supplier performs any remedial, upgrade or other works on End User’s production systems. To the extent Supplier’s liability for loss of data is not anyway excluded under this Agreement, Supplier shall in case of data losses only be liable for the typical effort to recover the data which would have accrued if End User had appropriately backed up its data.
Appears in 2 contracts
Sources: Oem Terms of Sale, Oem Terms of Sale