Common use of Prevention and Mitigation Clause in Contracts

Prevention and Mitigation. You are solely responsible for Customer Content. You will implement IT architecture and processes enabling You to prevent and mitigate damages in line with the criticality of the Customer Content for Your business and its data protection requirements, including a business recovery plan. You will: (a) provide for a backup process on a regular (at least daily) basis and backup relevant data before Dell performs any remedial, upgrade or other works on the APEX Service or Your IT systems; (b) monitor the availability and performance of Your IT environment, including the APEX Service; and (c) promptly react to messages and alerts received from Dell or through notification features of the APEX Service and immediately report any issue You identify to Dell. To the extent that Dell has any liability for loss of Customer Content, Dell will only be liable for the cost of commercially reasonable and customary efforts to recover the lost Customer Content from Your last available backup.

Appears in 17 contracts

Samples: Dell Apex Agreement, Apex Agreement, i.dell.com

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Prevention and Mitigation. You are solely responsible for Customer Content. You will implement IT architecture and processes enabling You to prevent and mitigate damages in line with the criticality of the Customer Content for Your business and its data protection requirements, including a business recovery plan. You will: (a) provide for a backup process on a regular (at least daily) basis and backup relevant data before Dell performs any remedial, upgrade or other works on the APEX Service Offering or Your IT systems; (b) monitor the availability and performance of Your IT environment, including the APEX ServiceService Offering; and (c) promptly react to messages and alerts received from Dell or through notification features of the APEX Service Offering and immediately report any issue You identify to Dell. To the extent that Dell has any liability for loss of Customer Content, Dell will only be liable for the cost of commercially reasonable and customary efforts to recover the lost Customer Content from Your last available backup.

Appears in 5 contracts

Samples: Cloud Service Offerings Agreement, Cloud Service Offerings Agreement, Cloud Service Offerings Agreement

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