Common use of Regular Back-ups Clause in Contracts

Regular Back-ups. As part of its obligation to mitigate damages, Buyer shall require End User to take reasonable data back-up measures. In particular, End User shall provide for a daily back-up process and back-up the relevant data before EMC performs any remedial, upgrade or other works on End User’s production systems. To the extent EMC’s liability for loss of data is not anyway excluded under this Agreement, EMC shall in case of data losses only be liable for the typical effort to recover the data which would have accrued if End User had appropriately backed up its data. Limitation Period. Unless otherwise required by applicable law, the limitation period for claims for damages shall be eighteen (18)

Regular Back-ups. As part of its obligation to mitigate damages, Buyer shall require End User to take reasonable data back-up measures. In particular, End User shall provide for a daily back-up process and back-up the relevant data before EMC performs any remedial, upgrade or other works on End User’s production systems. To the extent EMC’s liability for loss of data is not anyway excluded under this Agreement, EMC shall in case of data losses only be liable for the typical effort to recover the data which would have accrued if End User had appropriately backed up its data. Limitation Period. Unless otherwise required by applicable law, the limitation period for claims for damages shall be eighteen (18)) months after the cause of action accrues, unless statutory law provides for a shorter limitation period.