Common use of Security and Data Clause in Contracts

Security and Data. Envestnet shall use all commercially reasonable efforts to provide accurate and fit for purpose data security and systems security which includes system level access security measures and data-level access security measures. Envestnet shall actively maintain security of the private label web pages through a combination of application level preventative checks and web-site exposure prevention. Envestnet shall use commercially reasonable efforts to ensure that all relevant data on Envestnet’s web server or other relevant computer systems relating to the Platform Services provided hereunder are backed up on a regular basis. At any time, FundQuest may submit a written request for a copy of the FundQuest Data. Following receipt of such request, Envestnet shall send FundQuest a copy of FundQuest Data stored on the FQ Platform. Without relieving FundQuest’s requirement to maintain all books and records in accordance with the Securities Exchange Act of 1934, as amended, or by the Investment Advisers Act of 1940, as amended, and any other applicable regulations, in the event there are any periods of time during the provision of Platform Services where FundQuest does not have a complete set of any records generated or received by Envestnet in performing the Platform Services and that are required under Rule 204-2 of the rules promulgated under the Advisers Act (including, without limitation, emails and written correspondence, trade tickets, error runs, journals, ledgers, FundQuest Data, etc.), Envestnet shall reasonably assist FundQuest by providing FundQuest with such records, as required by FundQuest, then in Envestnet’s possession.