Common use of Return/Destruction Clause in Contracts

Return/Destruction. Within sixty (60) days following the earlier to occur of (i) termination of the Services or (ii) AbbVie’s written request, Service Provider shall, in accordance with AbbVie’s written direction, securely transfer to AbbVie (or to a third party designated by AbbVie), or destroy, all AbbVie Data received or created in the course of providing the Services, to the extent permitted by law, subject to the following: a) all transfers of AbbVie Data in accordance with the foregoing shall occur in a structured and widely used format, or such other format as mutually agreed by the Parties; b) Service Provider shall promptly notify AbbVie of any inability to securely return or destroy AbbVie Data in accordance with the terms hereof; c) as soon as is feasible following the transfer of any AbbVie Data to AbbVie or a third party designated by AbbVie, Service Provider shall destroy all copies of such data in its possession except for copies it is required to maintain by law; and d) Service Provider agrees that all AbbVie Data retained by Service Provider as required by law shall remain subject to the requirements of this Agreement or any Service.