Common use of Reconstruction of data Clause in Contracts

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 shall keep the Customer informed on an ongoing basis as to what costs are incurred, and the Customer shall have the right to order the Supplier to stop the reconstruction work.

Reconstruction of data. ‌ In the event of the a loss or the destruction of data, the Supplier must Contractor shall 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 is caused by circumstances that are the responsibility of data is due to circumstances for which the Supplier is liableContractor. Unless otherwise is agreed in Appendices 1 and 2, the Supplier‘s liability Contractor is responsible for costs is limited to recovering the data from the last back-up backup copy, as well as liability for additional costs which accrue if the Supplier Contractor has not taken made a back-up copybackup copy in accordance with the Agreement. Costs related to the reconstruction of data after the last back-up backup copy made in accordance with the Agreement may otherwise only be charged to the Supplier Contractor if the reason for cause of the data loss is the SupplierContractor's negligence. If the cause of the loss of data means that the Customer is to shall pay for the reconstruction, the Supplier Contractor shall clarify the scope with the Customer before the work starts. If reconstruction is necessary for the Customer's service solution to function during ordinary regular operations, the work must shall begin without undue delay, delay while the scope is being clarified. If it is impossible for the Supplier Contractor 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 personnel performs the reconstruction, in part or in full, the Supplier will Contractor shall cover the direct payroll wage costs and other direct costs incurred, as well as the Customer’s outlays 's disbursements and other direct costs as if a consequence of any third parties party is used for the work. The Supplier is also obliged to cover , and any other direct costs associated in connection with the reconstruction to the extent that the loss or destruction of data is due to conditions circumstances for which the Supplier Contractor is responsible. In the event of the loss or destruction of data that is due to caused by circumstances related to the Customer, the Customer shall cover the documented additional costs of the Supplier Contractor 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 Contractor 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 SupplierContractor, the Supplier Contractor shall keep the Customer informed on an ongoing basis as to what costs are incurred, and the Customer shall have the right to order the Supplier Contractor to stop the reconstruction work.

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 shall keep the Customer informed on an ongoing basis as to what costs are incurred, and the Customer shall have the right to order the Supplier to stop the reconstruction work.