Common use of IT Systems and Personal Data Clause in Contracts

IT Systems and Personal Data. (i)(x) To the Company’s knowledge, there has been no security breach or other compromise of or relating to any of the Company’s or its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including personal data of their respective customers, employees, suppliers, vendors and any third-party personal data processed by or on behalf of any of the Company´s or its subsidiaries´ contractors), equipment or technology (collectively, “IT Systems and Personal Data”) and (y) to the Company’s knowledge, the Company and its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to their IT Systems and Personal Data, (ii) the Company and its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of clause (i) and (ii), individually or in the aggregate, have a Material Adverse Effect, and (iii) the Company and its subsidiaries have implemented security, backup and disaster recovery technology consistent in all material respects with industry standards and practices. Any certificate signed by any officer of the Company or any of its subsidiaries and delivered to any Underwriter or to counsel for the Underwriters in connection with the offering, or the purchase and sale, of the Offered Shares shall be deemed a representation and warranty by the Company to each Underwriter as to the matters covered thereby. The Company has a reasonable basis for making each of the representations set forth in this Section 1. The Company acknowledges that the Underwriters and, for purposes of the opinions to be delivered pursuant to Section 6 hereof, counsel to the Company and counsel to the Underwriters, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

IT Systems and Personal Data. (i)(x) To the Company’s knowledge, there has been no security breach or other compromise of or relating to any of the Company’s or its subsidiaries’ information technology and computer systems, networks, hardware, software, data (including personal data of their respective customers, employees, suppliers, vendors and any third-party personal data processed by or on behalf of any of the Company´s or its subsidiaries´ contractors), equipment or technology (collectively, “IT Systems and Personal Data”) and (y) to the Company’s knowledge, the Company and its subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in, any security breach or other compromise to their IT Systems and Personal Data, (ii) the Company and its subsidiaries are presently in compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except as would not, in the case of clause (i) and (ii), individually or in the aggregate, have a Material Adverse Effect, and (iii) the Company and its subsidiaries have implemented security, backup and disaster recovery technology consistent in all material respects with industry standards and practices. Any certificate signed by any officer or representative of the Company or any of its subsidiaries and delivered to any Underwriter the Agent or to counsel for the Underwriters Agent in connection with the offering, or the purchase and sale, an issuance of the Offered Shares shall be deemed a representation and warranty by the Company to each Underwriter the Agent as to the matters covered thereby. The Company has a reasonable basis for making each thereby on the date of the representations such certificate set forth in this Section 1therein. The Company acknowledges that the Underwriters Agent and, for purposes of the opinions to be delivered pursuant to Section 6 4(m) hereof, counsel to the Company and counsel to the UnderwritersAgent, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.