Data Site Unavailability Clause Samples
The Data Site Unavailability clause defines the procedures and consequences if the online data site used for sharing documents and information becomes inaccessible. Typically, this clause outlines the steps parties must take to notify each other of the unavailability, alternative methods for accessing necessary information, and any adjustments to deadlines or obligations that may result. Its core function is to ensure that disruptions in data site access do not unfairly prejudice any party or impede the transaction, providing a clear protocol for handling such technical issues.
Data Site Unavailability. If the Data Site is not available or not functioning for any reason, the parties hereto agree that, until the Data Site is available, if such party is the party required to provide any notice, report, valuation, inspection, Document Package, Borrowing Notice, certification, document or other deliverable under this Agreement or any other Loan Document, such party shall deliver such notice or deliverable to each party to which the same is required to be delivered pursuant to the terms of this Agreement by electronic mail and each such notice or deliverable shall be deemed posted to the Data Site upon receipt of email confirmation of receipt by addressee of such electronic mail and, promptly after the Data Site becomes available for use, post each such notice or deliverable that such party has delivered by electronic mail to the Data Site.