Common use of Malicious Software Clause in Contracts

Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal standards so that the information and Message Content being Transacted and any method of Transacting such information and Message Content will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 11 contracts

Samples: Joinder Agreement, Joinder Agreement, seqprojectehex.s3.amazonaws.com

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Malicious Software. Each In participating in the NHIN, each Participant shall ensure that it employs security controls that meet applicable industry or Federal standards so that the information and Message Content being Transacted transmitted and any method of Transacting transmitting such information and Message Content will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 4 contracts

Samples: Joinder Agreement, Joinder Agreement, Joinder Agreement

Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal standards so that the information Health and Message Content being Transacted Social Services Information exchanged pursuant to this Agreement and any method of Transacting exchanging such information and Message Content will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable legal or industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 2 contracts

Samples: www.chhs.ca.gov, www.cdii.ca.gov

Malicious Software. Each In participating in the NHIN, each Participant shall ensure that it employs security controls that meet applicable industry or Federal federal standards so that the information and Message Content Data being Transacted transmitted and any method of Transacting transmitting such information and Message Content Data will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, software or “malware,” ”, or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, action will cause a System or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 2 contracts

Samples: Joinder Agreement, Joinder Agreement

Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal federal standards so that the information PHI and Message Content PII being Transacted exchanged and any method of Transacting such information and Message Content exchanging that PHI or PII will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System system or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System system or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable legal or industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 1 contract

Samples: www.chhs.ca.gov

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Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal federal standards so that the information PHI and Message Content PII being Transacted exchanged and any method of Transacting such information and Message Content exchanging that PHI or PII will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System system or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System system or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable legal or industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section. Commented [4]: is this in here because we think there are endpoints that are not covered by CA's breach law? Takes up a lot of space to use a contract to impose legal requirements.

Appears in 1 contract

Samples: Privacy and Security

Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal standards so that the information and Message Content being Transacted and any method of Transacting such information and Message Content will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, malware,” , or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System or any part thereof or any hardware, software or data used by a Participant in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 1 contract

Samples: Health Information Exchange

Malicious Software. Each Participant shall ensure that it employs security controls that meet applicable industry or Federal standards so that the information and Message Content being Transacted and any method of Transacting such information and Message Content will not introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware,” or other program, routine, subroutine, or data designed to disrupt the proper operation of a System or any part thereof or any hardware or software used by a Participant in connection Connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause a System or any part thereof or any hardware, software or data used by a Participant in connection Connection therewith, to be improperly accessed, destroyed, damaged, or otherwise made inoperable. In the absence of applicable industry standards, each Participant shall use all commercially reasonable efforts to comply with the requirements of this Section.

Appears in 1 contract

Samples: Connecttm Health Information Exchange Agreement

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