Return and Backup of Data. 2.1.1 As part of the Services, Design-Builder shall deliver or cause to be delivered to Owner or its designee all Customer Data (including documents prepared for Owner under the terms of the Agreement) in the possession or under the control of Design-Builder or its agents upon demand or upon termination or completion of the Services, in whole or in part, under this Agreement. Design-Builder shall deliver such Customer Data in the format and on the media in use as of the date of the request or, if not stored on portable media or in the limited cases where Customer Data is stored on media that stores data of multiple customers (in which case the Customer Data stored on such media must be logically partitioned), on the media requested by Owner. Design-Builder shall maintain and retain all Customer Data in the possession or under the control of Design-Builder or Design-Builder Agents in compliance with the terms of the Agreement during the Service Agreement Term and, upon the expiration or termination of this Agreement, return all Customer Data then in its custody at Owner’s direction.
Return and Backup of Data. EXECUTION VERSION 16 (a) As part of the Services, Provider shall deliver or cause to be delivered to Company or its designee all Company Data (including documents prepared for Company under the terms of the Agreement) in the possession or under the control of Provider or Provider Agents upon demand or upon termination or completion of the Services, in whole or in part, under the Agreement. Provider shall deliver such Company Data in the format and on the media reasonably requested by Company. Provider shall maintain and retain all Company Data in the possession or under the control of Provider or Provider Agents in compliance with Company’s record retention policies during the MSA Term and, upon the end of the last Termination Assistance Period subject to Exhibit 6, return or destroy all Company Data then in its custody at Company’s direction. Subject to Exhibit 6, Provider may dispose of such documents following the expiration of the required retention period in accordance with Company’s then-current disposal procedures; provided that Provider provides Company with at least 30 days’ prior notice of such disposal. (b) As part of the Services, Provider shall assist the Company Entities as reasonably requested by Company in meeting the Company Entities’ legal obligations with respect to the retention of records in Provider’s control. Upon request by Company at any time during the MSA Term and upon expiration or termination of the Agreement (or at the end of the Termination Assistance Period if directed by Company), Provider shall at no charge to the Company Entities (i) promptly return to Company, in the format and on the media requested by Company, all or any part of the Company Data; and (ii) erase or destroy all or any part of the Company Data in Provider’s possession, in each case to the extent so requested and directed by Company. Any archival media, including tapes and disk units, containing Company Data shall be used by Provider solely for backup purposes and exclusively contain Company Data. Storage of such media shall be in a manner approved by Company. 12.6
Return and Backup of Data. (a) As part of the Services, Servicer shall deliver or cause to be delivered to Navient or its designee all Navient Data (including documents prepared for Navient under the terms of the Agreement) in the possession or in the control of Servicer or Servicer Agents upon Navient’s demand or upon termination or completion of the Services, in whole or in part, under the Agreement. Servicer shall deliver such Navient Data in the format and on the media reasonably requested by Navient. Delivery of data will be on reasonable advanced notice. NAVIENT PROPRIETARY AND CONFIDENTIAL MASTER TERMS AGREEMENT 56
