Security Level; Additional Security Measures. (a) KCG shall at all times during the Term maintain a level of physical and electronic security (including data security and data privacy) in its Provision of the Services that it Provides, consistent with that of market practice for similar businesses and sufficient to at the least comply with applicable Law, and shall use commercially reasonable efforts promptly address any new security related issues, including compliance with applicable Law related to security and issues related to new technologies or threats. (b) KCG may take physical or information security measures that affect the manner in which Services are Provided, provided that the substance and overall delivery of any affected Services are not materially and adversely effected and otherwise complies with this Agreement; and KCG will give BATS reasonable, prior notice of any such physical or information security measures that are material.
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Sources: Securities Purchase Agreement (BATS Global Markets, Inc.), Securities Purchase Agreement (KCG Holdings, Inc.)