Backup Summary Report

BACKUP SUMMARY REPORT

Client Name:     Service Provider:

Report Date:     Report Period: From to

RECITALS

WHEREAS, Client Name has engaged Service Provider to perform backup services for specified systems and data as described in this report and accompanying work statements; and

WHEREAS, Service Provider has executed scheduled backups, performed verification checks, and documented incidents and remediation efforts during the Report Period; and

WHEREAS, the parties desire to memorialize the summary of backup activity, associated remediation, and the terms under which ongoing backup services and reporting will be provided.

SCOPE OF WORK

Backup Period Covered: From through

Full    Incremental    Differential    Other:

SUMMARY OF BACKUP ACTIVITY

Last Successful Backup:

INCIDENTS AND REMEDIATION

RECOMMENDATIONS AND NEXT STEPS

PAYMENT TERMS

Service Provider will invoice Client for backup and reporting services as set forth below. Client shall pay amounts due in accordance with the schedule. Late payments will accrue fees as stated.

TERM AND TERMINATION

This agreement and the services described herein commence on and continue through unless earlier terminated as provided below.

Either party may terminate this engagement for convenience upon written notice delivered not less than prior to the effective date of termination. Termination for material breach shall be effective upon written notice if the breaching party fails to cure within thirty (30) days of receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that during performance it may receive Confidential Information of the other. "Confidential Information" means business, technical, financial and other non-public information disclosed in any form. Recipient shall (i) use Confidential Information solely to perform obligations under this Agreement, (ii) protect Confidential Information with at least the same degree of care as it uses to protect its own confidential information but not less than reasonable care, and (iii) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and are bound by confidentiality obligations no less protective than those herein.

Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years, except that trade secrets shall remain protected for as long as they qualify as trade secrets under applicable law.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Backup Summary Report together with any attached statements of work, appendices, or schedules constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. Any amendment or waiver must be in writing and signed by authorized representatives of both parties.

ACCEPTANCE AND CERTIFICATION

By signing below, each party certifies that (i) the information contained in this Backup Summary Report is true and complete to the best of their knowledge, (ii) they have authority to enter into and bind their respective organization to the terms set forth in this Report, and (iii) they accept the recommendations and payment terms identified herein unless otherwise noted in writing.

Client confirms receipt of this Report:    Service Provider confirms accuracy of report:

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