Client Data Stored by Provider. If any of the services provided pursuant to this DCT include an obligation of Provider to store Client's data, the following shall apply: (a) upon termination (i) Client shall verify in writing that it has uninstalled all Provider Technology; (b) until the written verification described in Section 6.2(a)(i) is received by Provider, Client shall be liable for all costs incurred as a result of continued use of the Provider Technology; and (c) upon receipt of Client's full payment and the written verification noted in Section 6.2(a)(i) above, within three (3) business days of termination of the DCT, Provider will, at Client's request and expense (and Provider's then-current rates), promptly return all of Client's backup data stored on the Provider Technology. Notwithstanding anything herein to the contrary, Client understands and agrees that if the written verification in Section 6.2(a)(i) above, as well as full payment, are not received within three (3) business days after the DCT termination, Provider, at its sole discretion, may permanently delete Client's data from the Provider Technology and Provider shall have no liability whatsoever to Client or any third party for such deletion. Provider will use commercially reasonable efforts to inform Client of the deletion of Client's data prior to any such deletion; provided, however, to the extent Client's data remains on Provider Technology after termination of the DCT, Provider may continue to invoice Client, and Client shall continue to pay Provider, monthly for the services at Provider's then-current prevailing rates, until Client confirms in writing to Provider that such data may be deleted the Provider Technology.
Appears in 2 contracts
Sources: Data Center Services Agreement, Data Center Services Agreement