Reconstruction of Data Sample Clauses

Reconstruction of Data. In the event of the loss or destruction of data, the Supplier must without undue delay restore or, if necessary, reconstruct the data. This will not apply if the data loss is due to errors in third-party deliverables, unless the Supplier could or should have limited the extent and/or the consequences of such errors, cf. clause 2.2, third paragraph. Recovery and reconstruction shall take place without additional consideration to the extent that such loss or destruction of data is due to circumstances for which the Supplier is liable. Unless otherwise agreed in Appendices 1 and 2, the Supplier‘s liability for costs is limited to recovering the data from the last back-up copy, as well as liability for additional costs which accrue if the Supplier has not taken a back-up copy. Costs related to the reconstruction of data after the last back-up copy may only be charged to the Supplier if the reason for the data loss is the Supplier's negligence. If the cause of the loss of data means that the Customer is to pay for the reconstruction, the Supplier shall clarify the scope with the Customer before the work starts. If reconstruction is necessary for the Customer's service to function during ordinary operations, the work must begin without undue delay, while the scope is being clarified. If it is impossible for the Supplier to reconstruct data alone, data in circumstances as mentioned above shall be reconstructed in cooperation between the parties, or with the assistance of a third party. If the Customer's staff wholly or partly undertake the reconstruction, the Supplier will cover the direct payroll costs and other direct costs incurred, as well as the Customer’s outlays and other direct costs as a consequence of any third parties used for the work. The Supplier is also obliged to cover any other direct costs associated with the reconstruction to the extent that the loss or destruction of data is due to conditions for which the Supplier is responsible. In the event of the loss or destruction of data that is due to circumstances related to the Customer, the Customer shall cover the documented additional costs of the Supplier resulting from such circumstances. This shall nevertheless not apply if the reconstruction is made more difficult or more time consuming as a result of the Supplier having failed to observe the procedures for making back-up copies that are agreed. In those cases where the Customer shall cover the additional costs of the Supplier, the Supplier sh...
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Reconstruction of Data. Service Provider shall not be responsible for any data that is defective, accidentally erased, corrupt or otherwise unusable by FBL as a result of the acts or omissions of FBL or for any costs associated therewith, such as duplicating or recreating images, recreating a photo-shoot, reprinting or redistributing material that has been printed or bound using defective data or any similar expenses. If any FBL documents, files, data or programs are lost or destroyed due to any disaster, any act or omission of Service Provider, or any breach by Service Provider of an obligation under this Agreement, Service Provider’s liability for such lost, destroyed or damaged data is limited to restoring same, provided such restoration can be reasonably performed by Service Provider and FBL provides Service Provider with all source data in readable form for such restoration, it being presumed conclusively that any data or FBL Content delivered to Service Provider has been backed up and retained by FBL. FBL accepts sole responsibility for the accuracy and adequacy of all data, FBL Content, and other items provided by it to Service Provider. FBL specifically accepts sole responsibility for the accuracy and adequacy of all changes to recorded data or FBL Content which are requested or directed by FBL, whether in writing or by telephone. FBL shall provide only the minimum necessary data required for Service Provider to perform the Services hereunder. FBL will pay Service Provider, at its standard rates in effect at the time, for any processing reruns or any other additional work performed by Service Provider due to FBL submitting improper data or FBL Content or materials that are incorrect or incomplete.
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Reconstruction of Data a. In case of errors and defects in the Customer’s data which are caused by the Supplier, the Supplier shall immediately and at no additional charge to the Customer re-deliver, or if necessary reconstruct the data.
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Reconstruction of Data. As part of the Services, TCS shall be responsible for developing and maintaining procedures for the reconstruction of lost Nielsen Data which are:
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Reconstruction of Data. 11.6.1 In case of errors and defects in your data which are caused by us, we shall use our reasonable efforts and at no further cost to you recover data from the most recent backup.
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Related to Reconstruction of Data

  • DESTRUCTION OF PREMISES (A) If, during the term of this Lease, the Leased Premises are totally or partially destroyed by fire or the elements, so as to render the premises wholly unfit for occupancy, or make it impossible in the opinion of a licensed third party arbitrator knowledgeable in the child care business reasonably acceptable to Lessee and Lessor, for Lessee to conduct its business therein, then either Lessor or Lessee shall have the right to terminate this Lease from the date of such damage or destruction by giving written notice. The parties agree to use reasonable promptness to obtain the opinion of such licensed third party arbitrator. Upon the giving of such notice, Lessee shall immediately surrender the Leased Premises and all interest therein to Lessor, and in case of any such termination, Lessor may re-enter and repossess the Leased Premises and may dispossess all parties then in possession thereof. If not otherwise terminated, in the event the Leased Premises shall be repaired, restored, and rebuilt by Lessee with the use of insurance proceeds (which Lessor shall cooperate to make available), but otherwise at its own sole cost and expense, within one hundred eighty (180) days from the date of destruction (subject to force majuere as set forth in paragraph C hereof, then all rents payable by Lessee shall be abated during the period of repair and restoration to the extent Lessor shall be compensated by the proceeds of rents loss insurance. In no event shall Lessor be required to provide its own money for the repair or restoration of the Leased Premises other than the net proceeds of moneys received by it from any insurance policy or policies covering such loss or damages. Lessee shall be liable for repair of the Leased Premises with all reasonable speed, and the rents shall recommence on the date that the repairs are completed. Lessee shall be under no obligation to so repair during the last five (5) years of the term of the Lease, or as extended, but if Lessee shall desire to rebuild during the last 12 months of the Lease term, Lessor will make insurance proceeds available to rebuild the Leased Premises conditioned upon Lessee then exercising its next renewal option under the Lease. Lessor will make insurance proceeds available to rebuild the Leased Premises in the event Lessee rebuilds, except as stated above.

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Construction of Terms Nothing herein expressed or implied is intended, or shall be construed, to confer upon or give any person, firm or corporation, other than the parties hereto or their respective successors and assigns, any rights or remedies under or by reason of this Agreement.

  • Production of Witnesses; Records; Cooperation (a) After the Effective Time, except in the case of a Dispute between Parent and SpinCo, or any members of their respective Groups, each Party shall use its commercially reasonable efforts to make available to the other Party, upon written request, the former, current and future directors, officers, employees, other personnel and agents of the members of its respective Group as witnesses and any books, records or other documents within its control or which it otherwise has the ability to make available without undue burden, to the extent that any such person (giving consideration to business demands of such directors, officers, employees, other personnel and agents) or books, records or other documents may reasonably be required in connection with any Action in which the requesting Party (or member of its Group) may from time to time be involved, regardless of whether such Action is a matter with respect to which indemnification may be sought hereunder. The requesting Party shall bear all costs and expenses in connection therewith.

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