Common use of Cybersecurity Clause in Contracts

Cybersecurity. (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of the Transaction Entities’ or their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): (B) neither the Transaction Entities nor their respective subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities and their respective subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ) that would result in a Material Adverse Effect; (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and or have no any knowledge of of, any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards that it believes to be necessary and appropriate to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, . Except as would not, individually or not reasonably be expected to result in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. For purposes of this paragraph, the Company and its subsidiaries shall be deemed to refer to (1) Albireo Limited and its subsidiaries as they existed prior to the Share Exchange Closing Date and (2) the Company and its subsidiaries solely from and after the Share Exchange Closing Date.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany and each of its Subsidiaries, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiaries, its subsidiaries and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards reasonably likely to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, event or condition or other compromises, compromises as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not be reasonably expected to result in a Material Adverse Effect.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of the Transaction Entities’ or their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor their respective subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities and their respective subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. 4. The following definition shall be added to Section 19 of the Agreement:

Cybersecurity. (Ai) To the knowledge of the Transaction Entities, there There has been no security breach or incident, unauthorized access or disclosure, or other compromise (collectively, “Incidents”) of or relating to the Transaction Entities’ Company’s or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including including, without limitation, the data and information of their respective tenants, customers, employees, suppliers, suppliers and vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), except for any such Incidents of the IT Systems and Data that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (Bii) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise Incidents relating to their IT Systems and Data, except for any such Incident of the IT Systems and Data and that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (Ciii) the Transaction Entities Company and their respective its subsidiaries have implemented commercially reasonable controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) ; and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in iv) the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except where the failure to be so in compliance would not reasonably be expected to have a Material Adverse Effect.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany, there has been no material security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s, or their respective its subsidiaries’ ’, as applicable, information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third third-party data maintained, processed or stored by the Transaction Entities and their respective Company or its subsidiaries, as applicable, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries, as applicable), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and the Company and its subsidiaries have no knowledge of any event or condition that would result in, any material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, procedures and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. Except as disclosed in the Registration Statement, the General Disclosure Package and the Final Prospectus or as would not individually or in the aggregate have a Material Adverse Effect, (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, outage, violation of, unauthorized access to or disclosuredisclosure of, or other compromise of or relating to the Transaction Entities’ Company’s or their respective any of its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (databases, including the data and information (including all personal, personally identifiable, sensitive, confidential or regulated data) of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiaries, its subsidiaries and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and or have no any knowledge of any event or condition that would result in, any security breach or incident, outage, violation of, unauthorized access to or disclosure of or other compromise to of their IT Systems and Data and Data; (C) the Transaction Entities Company and their respective its subsidiaries have implemented and maintained appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards; (D) the Company’s and its subsidiaries’ IT Systems and Data are adequate in all respects for, except and operate and perform in all respects as required in connection with respect to clauses (A) the operation of the business of the Company and its subsidiaries and are free and clear of all bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants; and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in E) the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and or to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. To the XPO Parties’ knowledge, and except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of the Transaction Entities’ or relating to any XPO Party’s or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the personally identifiable or confidential data and information of their respective tenants, customers, employees, suppliers, vendors and any third third-party personally identifiable or confidential data maintained, processed or stored by the Transaction Entities any XPO Party and any of their respective subsidiaries, and any such personally identifiable or confidential data processed or stored by third parties on behalf of the Transaction Entities any XPO Party and any of their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities XPO Parties nor their respective subsidiaries have been notified of, and the XPO Parties do not have no knowledge of of, any event or condition that would reasonably be expected to result in, in any security breach or breach, incident, or unauthorized access or disclosure disclosure, or other compromise relating to their IT Systems and Data Data; and (C) the Transaction Entities each XPO Party and their respective its subsidiaries have implemented taken commercially reasonable steps to implement appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data that are reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, disclosure as would not, individually singly or in the aggregate, have reasonably be expected to result in a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually singly or in the aggregate, have reasonably be expected to result in a Material Adverse Effect. The Transaction Entities XPO Parties and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except where the failure to maintain such compliance would not reasonably be expected to result in a Material Adverse Effect.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there (i) There has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third third-party data maintained, processed or stored by the Transaction Entities and their respective Company or its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective Company or its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ) and (Bii) neither the Transaction Entities nor their respective Company and its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and Data; (CB) the Transaction Entities Company and their respective subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification; and (C) the Company and its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except as would not, in the case of each of clause (A) and (B) above, individually or in the aggregate, reasonably be expected to have a material adverse effect on the business, financial condition or results of operations of the Company and its subsidiaries, taken as a whole. Any certificate signed by any officer of the Company and delivered to the Representatives or counsel for the Underwriters in connection with the offering of the Securities shall be deemed a representation and warranty by the Company to each Underwriter as to matters covered thereby.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany and each of its Subsidiaries, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, compromises as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, (A) To to the knowledge of either of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor any of their respective subsidiaries (since becoming a subsidiary of such Transaction Entity) or, to the knowledge of either of the Transaction Entities, any Predecessor Subsidiary, have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, ; except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (Ai) To Except as would not, individually or in the knowledge of the Transaction Entitiesaggregate, reasonably be expected to have a Material Adverse Effect, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective Company or its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ) and (Bii) neither the Transaction Entities nor their respective Company and its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in, any material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities and their respective subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and Data; (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, ) except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification; and (C) the Company and its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards.

Cybersecurity. Except as would not, individually or in the aggregate, result in a Material Adverse Effect (Ai) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s or their respective subsidiariesits Significant Subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, its customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiariesCompany, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiariesCompany), equipment or technology (collectively, the “IT Systems and Data”): ); (Bii) neither the Transaction Entities Company nor their respective subsidiaries have any of its Significant Subsidiaries has been notified of, and have no or has knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their its IT Systems and Data and Data; (Ciii) the Transaction Entities Company and their respective subsidiaries its Significant Subsidiaries have implemented commercially reasonable controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their the IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses ; (Aiv) the Company and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries its Significant Subsidiaries are presently in material compliance with all internal and external privacy policies, contractual obligations, applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations obligations, in each case relating to the privacy and security of any IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification; and (v) there is no pending or, to the knowledge of the Company, threatened action, suit or proceeding by or before any court, arbitrator or governmental or regulatory authority alleging non-compliance with the foregoing.

Cybersecurity. Except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, (A) To to the knowledge of the Transaction EntitiesCompany’s knowledge, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective its subsidiaries’ information technology assets and computer equipment and computers, systems, networks, hardware, software, websites, applications, data and databases (including the all data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data collected, maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data collected, maintained, processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) the Company’s IT Systems and Data are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Company and its subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants; (C) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and Data; (CD) the Transaction Entities Company and their respective its subsidiaries have implemented and maintained appropriate controls, policies, procedures, and technological safeguards safeguards, including backup and disaster recovery technology, to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, practices or as required by applicable regulatory standards, except with respect to clauses (A) standards and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in E) the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently presently, and have been, in material compliance with all applicable laws and statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of their IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany, there has been no material security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s, or their respective its subsidiaries’ ’, as applicable, information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective Company or its subsidiaries, as applicable, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries, as applicable), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and the Company and its subsidiaries have no knowledge of any event or condition that would result in, any material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there There has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective subsidiariesits Subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiariesits Subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective subsidiaries)its Subsidiaries, equipment or technology (collectively, “IT Systems and Data”): )), except for those that have been remedied without material cost or liability or the duty to notify any other person; (B) neither the Transaction Entities Company nor their respective subsidiaries its Subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data, except for those that have been remedied without material cost or liability or the duty to notify any other person; and (C) the Transaction Entities Company and their respective subsidiaries its Subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective subsidiaries its Subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. Except as disclosed in the Registration Statement, the General Disclosure Package and the Prospectus, (A) To to the knowledge of the Transaction EntitiesOperating Partnership and any of the Guarantors, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Operating Partnership, any of the Guarantors or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Operating Partnership, the Guarantors and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Operating Partnership, the Guarantors and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither none of the Transaction Entities nor Operating Partnership, any of the Guarantors or any of their respective subsidiaries (since becoming a subsidiary of the Operating Partnership or any of the Guarantors, as applicable) or, to the knowledge of the Operating Partnership and any of the Guarantors, any Predecessor Subsidiary, have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Operating Partnership, the Guarantors and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, ; except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Operating Partnership, the Guarantors and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there There has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective subsidiaries’ its subsidiaries information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), except as would not, singly or in the aggregate, reasonably be expected to have a Material Adverse Effect; (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities IT Systems and their respective Data are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Company and its subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (Ai)(x) To Except as disclosed in the knowledge of Registration Statement and the Transaction EntitiesProspectus, to the Company’s knowledge, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective any of its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed maintained by or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiariesthem), equipment or technology (collectively, “IT Systems and Data”): ) which could have a Material Adverse Effect and (By) neither the Transaction Entities nor their respective Company and its subsidiaries have not been notified of, and have no knowledge of any material event or condition that would reasonably be expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and Data; (Cii) the Transaction Entities Company and their respective subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of this clause (ii), individually or in the aggregate, have a Material Adverse Effect; and (iii) the Company and its subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practices. Except as would not reasonably be expected to have a Material Adverse Effect, the Company and its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, including Regulation (EU) 2016/679 (the General Data Protection Regulation), and all internal policies and contractual obligations of the Company relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. Except as disclosed in the Registration Statement and the Prospectus, (Aa) To to the knowledge of the Transaction EntitiesCompany, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of the Transaction Entities’ Company’s or their respective subsidiariesits Subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenantsborrowers, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiariesits Subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective subsidiariesits Subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), (Bb) neither the Transaction Entities Company nor their respective subsidiaries its Subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (Cc) the Transaction Entities Company and their respective subsidiaries its Subsidiaries have implemented controls, policies, procedures, and technological safeguards to maintain and protect protect, in all material respects, the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (Aa) and (Bb), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have result in a Material Adverse Effect, or with respect to clause (Cc), where the failure to do so would not, individually or in the aggregate, have result in a Material Adverse Effect. The Transaction Entities Company and their respective subsidiaries its Subsidiaries are presently in material compliance with all applicable laws and statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (Ai) To the knowledge of the Transaction Partnership Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Partnership or their respective subsidiaries’ any of its Subsidiary’s information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and Partnership or any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiariesits Subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (Bii) neither none of the Transaction Entities nor their respective subsidiaries have Partnership or any of its Subsidiaries has been notified of, and have no to the knowledge of any the Partnership Entities, there has been no event or condition that would be reasonably expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their any of the Partnership’s or any of its Subsidiary’s respective IT Systems and Data Data; (iii) each of the Partnership and (C) the Transaction Entities and their respective subsidiaries its Subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their respective IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) ; and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in iv) the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Partnership and their respective subsidiaries its Subsidiaries are presently in compliance in all material compliance respects with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there There has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective subsidiaries’ its subsidiaries information technology and computer systems, networks, hardware, software, data and databases (including the data and the information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), except to the extent such security breach, incident, unauthorized access or disclosure, or other compromise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or breach, incident, or unauthorized access or disclosure or other compromise relating to their IT Systems and Data except to the extent such security breach, incident, or unauthorized access or disclosure or other compromise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to either of the Transaction Entities’ Entity’s or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including but not limited to the personally identifiable information, confidential or regulated data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data data, maintained, processed or stored by either of the Transaction Entities and Entity’s or any of their respective subsidiaries, and any such data processed or stored by third parties on behalf of either of the Transaction Entities and Entity’s or any of their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), (B) neither of the Transaction Entities nor any of their respective subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses in cases of (A) and (B), for any such security breach or incidentbreaches, unauthorized access or disclosureincidents, or other access, disclosures, compromises, as notifications, events or conditions that would not, individually or in the aggregate, have a Material Adverse Effect, or with respect reasonably be expected to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Each of the Transaction Entities and each of their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, company policies (internal policies and posted) and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of either of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Entities or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor any of their respective subsidiaries (since becoming a subsidiary of such Transaction Entity) or, to the knowledge of either of the Transaction Entities, any Predecessor Subsidiary, have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, ; except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To Except as would not, individually or in the knowledge of the Transaction Entitiesaggregate, result in a Material Adverse Change, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third third-party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and and, to the Company’s knowledge, any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and have no knowledge of any event condition or condition vulnerability that it expects would result in, any in a material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data, and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to monitor, maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. Any certificate signed by an officer of the Company or any Guarantor and delivered to the Representative or to counsel for the Underwriters shall be deemed to be a representation and warranty by the Company or such Guarantor to each Underwriter as to the matters set forth therein, to the extent such certificate states it is a representation and warranty.

Cybersecurity. (A1) To the knowledge of the Transaction EntitiesCompany’s knowledge, there has been no security breach or incident, unauthorized access or disclosure, violations, outages or other compromise of or relating to the Transaction Entities’ Company or their respective subsidiaries’ its subsidiaries information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology technology, and data (including all Personal Data (defined below), sensitive, confidential or regulated data) (collectively, “IT Systems and Data”): ); (B2) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and or have no any knowledge of of, any event or condition that would result in, in any security breach or incident, unauthorized access access, or disclosure or other compromise to their IT Systems and Data Data; and (C3) the Transaction Entities Company and their respective its subsidiaries have implemented and maintained all necessary controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently and within the past three (3) years have been in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To Except as would not, individually or in the knowledge of the Transaction Entitiesaggregate, result in a Material Adverse Change, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third third-party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and and, to the Company’s knowledge, any such data ​ processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and have no knowledge of any event condition or condition vulnerability that it expects would result in, any in a material security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data, and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to monitor, maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. Any certificate signed by an officer of the Company or any Guarantor and delivered to the Representative or to counsel for the Underwriters shall be deemed to be a representation and warranty by the Company or such Guarantor to each Underwriter as to the matters set forth therein, to the extent such certificate states it is a representation and warranty.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s or their respective its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effectmaterial adverse effect on the condition, financial or otherwise, or on the earnings, business affairs or business prospects of the Company and its subsidiaries, considered as one enterprise, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effectmaterial adverse effect on the condition, financial or otherwise, or on the earnings, business affairs or business prospects of the Company and its subsidiaries, considered as one enterprise. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification, except where the failure to be so in compliance would not, individually or in the aggregate, have a material adverse effect on the condition, financial or otherwise, or on the earnings, business affairs or business prospects of the Company and its subsidiaries, considered as one enterprise.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany’s knowledge, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective subsidiariesits Subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiariesits Subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective subsidiaries)its Subsidiaries, equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective subsidiaries its Subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective subsidiaries its Subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, aggregate have a Material Adverse Effect. The Transaction Entities Company and their respective subsidiaries its Subsidiaries are presently in compliance in all material compliance respects with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. Except where failure to be so in compliance would not reasonably be expected to result in a Material Adverse Effect, (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective any of its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective Company or any of its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective Company or any of its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor their respective Company and its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and Data; (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) ; and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in D) the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Entities or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor any of their respective subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, ; except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of the Transaction Entities, there There has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to any of the Transaction Entities’ Company’s or their respective subsidiariesits Subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective subsidiariesits Subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective subsidiaries)its Subsidiaries, equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective subsidiaries its Subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities Company and their respective subsidiaries its Subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective subsidiaries its Subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification. The Company has a reasonable basis for making each of the representations set forth in this Section 1(a). The Company acknowledges that the Underwriters and, for purposes of the opinions to be delivered pursuant to Section 5 hereof, counsel to the Company and counsel to the Underwriters, may rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Cybersecurity. (A) To the knowledge of the Transaction EntitiesCompany, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company’s or their respective any of its subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including but not limited to the personally identifiable information, confidential or regulated data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data data, maintained, processed or stored by the Transaction Entities and their respective Company or any of its subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective Company or any of its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ), (B) neither the Transaction Entities Company nor their respective any of its subsidiaries have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, except with respect to clauses in cases of (A) and (B), for any such security breach or incidentbreaches, unauthorized access or disclosureincidents, or other access, disclosures, compromises, as notifications, events or conditions that would not, individually or in the aggregate, have a Material Adverse Effect, or with respect reasonably be expected to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective each of its subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, company policies (internal policies and posted) and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To the knowledge of either of the Transaction Entities, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Entities or any of their respective subsidiaries’ information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities and their respective subsidiaries, and any such data processed or stored by third parties on behalf of the Transaction Entities and their respective subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities nor any of their respective subsidiaries (since becoming a subsidiary of such Transaction Entity) or, to the knowledge of either of the Transaction Entities, any Predecessor Subsidiary, have been notified of, and have no knowledge of any event or condition that would result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data Data; and (C) the Transaction Entities and their respective subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards, ; except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually or in the aggregate, have a Material Adverse Effect, Effect or with respect to clause (C), where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. The Transaction Entities and their respective subsidiaries are presently in material compliance with all applicable laws and or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification.

Cybersecurity. (A) To Except where the knowledge impact of the Transaction Entitieswhich would not reasonably be expected to result in a Material Adverse Effect, there has been no security breach or incident, unauthorized access or disclosure, or other compromise of or relating to the Transaction Entities’ Company or their respective subsidiaries’ its subsidiaries information technology and computer systems, networks, hardware, software, data and databases (including the data and information of their respective tenants, customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Transaction Entities Company and their respective its subsidiaries, and and, to the knowledge of the Company, any such data processed or stored by third parties on behalf of the Transaction Entities Company and their respective its subsidiaries), equipment or technology (collectively, “IT Systems and Data”): ); (B) neither the Transaction Entities Company nor their respective its subsidiaries have been notified of, and each of them have no knowledge of any event or condition that would could reasonably be expected to result in, any security breach or incident, unauthorized access or disclosure or other compromise to their IT Systems and Data and (C) the Transaction Entities Company and their respective its subsidiaries have implemented appropriate controls, policies, procedures, and technological safeguards to maintain and protect the integrity, continuous operation, redundancy and security of their IT Systems and Data reasonably consistent with industry standards and practices, or as required by applicable regulatory standards. The IT Systems and Data are adequate for, and operate and perform as required in connection with the operation of the business of the Company and its subsidiaries and are free and clear of all bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants except with respect to clauses (A) and (B), for any such security breach or incident, unauthorized access or disclosure, or other compromises, as would not, individually singly or in the aggregate, have a Material Adverse Effect, or with respect to clause (C), where the failure to do so would not, individually or result in the aggregate, have a Material Adverse Effect. The Transaction Entities Company and their respective its subsidiaries are presently in material compliance with all applicable laws or statutes (including without limitation the General Data Protection Regulation and statutes the California Consumer Privacy Act) and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal and external privacy policies and contractual obligations relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modificationmodification (“Data Security Obligations”). None of the Company and its subsidiaries have received any notification of or complaint regarding, or are aware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation, except as would not, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect and there is no pending, or to the knowledge of the Company, threatened, action, suit or proceeding by or before any court or governmental agency, authority or body pending or threatened alleging non-compliance with any Data Security Obligation.