Common use of Availability Controls Clause in Contracts

Availability Controls. Our products are designed to ensure redundancy and seamless failover. The server instances that support the products are also architected with a goal to prevent single points of failure. This design assists our operations in maintaining and updating the product applications and backend while limiting downtime. 1.1 In the event ▇▇▇▇▇▇ receives an order from any government authority for compelled disclosure of Personal Information relating to your customers as part of Zapier’s provision of the Service under the Agreement, Zapier shall: 1.1.1 use every reasonable effort to redirect the government authority to request data directly from you; 1.1.2 promptly notify you of the request, unless prohibited under the law applicable to the requesting government authority or Zapier (and, if prohibited from notifying you, use reasonable lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to you) as soon as possible; and 1.1.3 use reasonable lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with the law of the European Union or applicable Member State law. 1.2 For purposes of paragraph 1.1 of this Exhibit, lawful efforts means exercising the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a provider engaged in a similar type of undertaking under the same or similar circumstances and shall not include actions that would result in civil or criminal penalty such as contempt of court under the laws of the relevant jurisdiction.

Availability Controls. Our products are designed to ensure redundancy and seamless failover. The server instances that support the products are also architected with a goal to prevent single points of failure. This design assists our operations in maintaining and updating the product applications and backend while limiting downtime. 1.1 In the event ▇▇▇▇▇▇ Zapier receives an order from any government authority for compelled disclosure of Personal Information relating to your customers as part of Zapier’s provision of the Service under the Agreement, Zapier shall: 1.1.1 use every reasonable effort to redirect the government authority to request data directly from you; 1.1.2 promptly notify you of the request, unless prohibited under the law applicable to the requesting government authority or Zapier (and, if prohibited from notifying you, use reasonable lawful efforts to obtain the right to waive the prohibition in order to communicate as much information to you) as soon as possible; and 1.1.3 use reasonable lawful efforts to challenge the order for disclosure on the basis of any legal deficiencies under the laws of the requesting party or any relevant conflicts with the law of the European Union or applicable Member State law. 1.2 For purposes of paragraph 1.1 of this Exhibit, lawful efforts means exercising the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a provider engaged in a similar type of undertaking under the same or similar circumstances and shall not include actions that would result in civil or criminal penalty such as contempt of court under the laws of the relevant jurisdiction.