Customer Enforcement Clause Samples

Customer Enforcement. Customer shall use its reasonable best efforts to enforce all of the foregoing with respect to all of its customers. To the extent that Alpha Lyracom may permit Customer to permit its customers to provide IDS to their customers, Customer shall require its customers to impose all of the foregoing requirements on their customers.

Customer Enforcement. 4.1.1 Where any HPE Company or a Third Party Subprocessor has Processed EU Customer Personal Data in breach of the BCR-P or Services Agreement or any written Third Party Subprocessor agreement, the Customer (or, if the Customer is a Processor, the Controller on whose behalf the Customer processes Customer Personal Data) shall have the right as a third party beneficiary to: (i) lodge a complaint before the Competent Supervisory Authority in the jurisdiction in which it is established where it has the right to do so under Applicable Data Protection Law; and/or (ii) bring a claim for damages against the HPE Signatory Company or against Hewlett- Packard The Hague B.V. (where such breach has been caused by an HPE Data Importer or a Third Party Subprocessor) in accordance with and subject to the terms of this Clause 4.1 and the Services Agreement, or any Third Party Subprocessor agreement, including, without limitation, the dispute resolution, jurisdiction and exclusions and limitations of liability terms provided such terms shall not exclude any such claims being made. 4.1.2 The HPE Signatory Company or Hewlett-Packard The Hague B.V. (as applicable) shall: (i) accept liability for the breach (whether caused by the HPE Data Importer or Third Party Subprocessor) as if it had arisen from its own act or omission and where the Customer (or, if the Customer is a Processor, the Controller on whose behalf the Customer processes Customer Personal Data) has demonstrated that it has suffered damage and establish facts which show it is likely that the damage occurred as a result of a breach of the BCR-P, have the burden of proving that the HPE Company or Third Party Subprocessor was not responsible for the breach giving rise to the complaint or claim, or that no breach took place in the relevant jurisdiction in which the complaint or claim is made; and (ii) be responsible for payment of any compensation awarded by the relevant court to the Customer (or, if the Customer is Processor, the Controller on whose behalf the Customer processes Customer Personal Data) for any damage suffered; and (iii) take the necessary action to ensure the HPE Company or Third Party Subprocessor remediates the act or omission which gave rise to the breach.

Customer Enforcement. Customer shall use its reasonable best efforts to enforce all of the foregoing with respect to all of its customers. To the extent that Alpha Lyracom may permit Customer to permit its customers to provide Service to their customers, Customer shall require its customers to impose all of the foregoing requirements on their customers. (1) Alpha Lyracom is required by the FCC to impose and enforce these restrictions. Alpha Lyracom is actively seeking the elimination of these restrictions and, to the extent that Alpha Lyracom is successful in having these restrictions eliminated or reduced, any applicable elimination or reduction shall apply. (2) Under certain additional restrictions that prevent interconnec- tion to the public-switched message networks, PBX interconnection may be permitted. If such PBX Interconnection is desired, additional information should be requested from Alpha Lyracom. No such PBX Interconnection shall be permitted without Alpha Lyracom's express written consent and applicable legal compliance. 38 APPENDIX D