Common use of Prevention and Mitigation Clause in Contracts

Prevention and Mitigation. Partner shall notify End User by means of the End User Agreement of End User’s obligations under this Prevention and Mitigation section. End User is solely responsible for its data. End User shall implement IT architecture and processes enabling End User to prevent and mitigate damages in line with the criticality of the systems and data for End User’s business and its data protection requirements, including a business recovery plan. In that regard, End User shall: (i) 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 End User’s IT systems; (ii) monitor the availability and performance of its IT environment during the performance of Services; and (iii) promptly react to messages and alerts received from Dell or through notification features of the Products and immediately report any identified issue to Dell. To the extent that Dell has any liability for data loss, Dell shall only be liable for the cost of commercially reasonable and customary efforts to recover the lost data from End User’s last available backup.

Prevention and Mitigation. Partner shall notify End User by means of the End User Agreement of the End User’s obligations under this Prevention and Mitigation section. End User is solely responsible for its data. End User shall implement IT architecture and processes enabling End User to prevent and mitigate damages in line with the criticality of the systems and data for End User’s business and its data protection requirements, including a business recovery plan. In that regard, End User shall: (i) 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 End User’s IT systems; (ii) monitor the availability and performance of its IT environment during the performance of Services; and (iii) promptly react to messages and alerts received from Dell or through notification features of the Products and immediately report any identified issue to Dell. To the extent that Dell has any liability for data loss, Dell shall only be liable for the cost of commercially reasonable and customary efforts to recover the lost data from End User’s last available backup.