Common use of Unauthorized Acts Clause in Contracts

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this Article, each Party will: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Services; and (d) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this ArticleArticle 6, each Party will: (aA) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (bB) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cC) reasonably cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Services; andproprietary rights; (dD) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will ; and (E) bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this ArticleArticle 5, each Party will: (aA) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (bB) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cC) reasonably cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Services; andproprietary rights; (dD) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will ; and (E) bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this Article's rights, each Party willshall: (a1) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become becomes known to such Party's employees who are aware of the relationship between EMW and IBM set forth in this Agreement; (b2) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c3) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (d4) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will shall bear the cost it incurs as a result of compliance with this Article 8SECTION 19.04.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this Article, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party, including any incidents involving a breach of security and any incidents that might indicate or lead to a threat to, or weakness in, security and any attempt to make unauthorized use of the Services or the systems used to provide them; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with provide reasonable cooperation to the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (d) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this Article, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and ; (c) assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cd) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (de) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will shall bear the cost it incurs as a result of compliance with this Article 8Section; provided, however, the Party by or through whom the unauthorized possession, use or knowledge, or attempt thereof, occurred shall bear the costs the other Party incurs as a result of compliance with clauses (c), (d) and (e).

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this Article, each Party will: (aA) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (bB) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cC) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rights in Confidential Information to the extent such litigation or investigation relates to the Services; and (dD) promptly use its commercially reasonable best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this ArticleArticle 8, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with the other Party at the other Party’s expense in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and, (d) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Except as specifically set forth herein, each Party will shall bear the cost costs and expenses incurred by it incurs as a result of compliance with this Article 8Section 8.4.

Unauthorized Acts. Without limiting either Partyparty’s rights in respect of a breach of this ArticleSection, each Party willparty shall: (a1) promptly notify the other Party party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Partyparty’s Confidential Information by any person or entity that may become known to such Partyparty; (b2) promptly furnish to the other Party full party the details of the unauthorized possession, use or knowledge, or attempt thereof, known by such party and assist the other Party party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c3) cooperate with the other Party party in any litigation and investigation against third parties deemed necessary by the other Party party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; andand DISTRIBUTION SERVICES AGREEMENT General Electric Company (d4) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will party shall bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Partyparty’s rights in respect of a breach of this ArticleSection, each Party willparty shall: (ai) promptly notify the other Party party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Partyparty’s Confidential Information by any person or entity that may become known to such Partyparty; (bii) promptly furnish to the other Party full party the details of the unauthorized possession, use or knowledge, or attempt thereof, known by such party and assist the other Party party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (ciii) cooperate with the other Party party in any litigation and investigation against third parties deemed necessary by the other Party party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (div) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will party shall bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this ArticleSection, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rights in Confidential Information to (provided that the extent other Party shall pay such Party's reasonable costs and expenses arising out of its cooperation with any litigation or investigation relates to the Serviceshereunder); and (d) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Except as otherwise noted, each Party will shall bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this Article, each Party will: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Services; and (d) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8Article.

Unauthorized Acts. Without limiting either Party’s rights in respect of as to a breach of this Article, each Party will: (aA) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (bB) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cC) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rights in Confidential Information to the extent such litigation or investigation relates to the Services; and (dD) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s rights in respect of a breach of this Article, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and ; (c) assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cd) reasonably cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (de) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will shall bear the cost it incurs as a result of compliance with this Article 8Section; provided, however, that the Party by or through whom the unauthorized possession, use or knowledge, or attempt thereof, occurred shall bear the costs the other Party incurs as a result of compliance with clauses (c), (d) and (e).

Unauthorized Acts. Without limiting either Party’s rights or remedies under this Agreement or under applicable Law in respect of a breach of this Article, each if a Party willfails to comply with its obligations under Section 14.04 and such non-compliance results in the unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information, the Party by or through whom the unauthorized possession, use or knowledge, or attempt thereof occurred shall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and ; (c) assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cd) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its rights in Confidential Information to the extent such litigation or investigation relates to the Servicesproprietary rights; and (de) promptly use its best commercially reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8[*****].

Unauthorized Acts. Without limiting either Party’s 's rights in respect of as to a breach of this Article, each Party will: (aA) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (bB) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (cC) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party to protect its proprietary rights in Confidential Information to the extent such litigation or investigation relates to the Services; and (dD) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will bear the cost it incurs as a result of compliance with this Article 8Section.

Unauthorized Acts. Without limiting either Party’s 's rights in respect of a breach of this ArticleSection 20, each Party willshall: (a) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s 's Confidential Information by any person or entity that may become known to such Party; (b) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information; (c) cooperate with the other Party in any litigation and investigation against third parties deemed necessary by the other Party against third parties to protect its rights in Confidential Information to the extent such litigation or investigation relates to the ServicesParty's proprietary rights; and (d) promptly use its best all reasonable efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of the other Party’s Confidential Information. Each Party will shall bear the cost it incurs as a result of compliance with this Article 8Section 20.