Common use of Activation of Plan Clause in Contracts

Activation of Plan. Vendor shall immediately notify the State of Iowa of any disaster or other event in which the Plan is activated. If Vendor fails to reinstate the Services within the periods of time set forth in the Plan, the State of Iowa may in addition to any other remedies available hereunder, in its sole discretion, immediately terminate this Agreement as a non-curable default under Section 8.3 (Default). Without limiting Vendor’s obligations under this Agreement, whenever a disaster causes Vendor to allocate limited resources between or among Vendor’s customers, the State of Iowa shall receive at least the same treatment as comparable Vendor customers with respect to such limited resources. The provisions of Section 19.5 (Force Majeure) shall not limit Vendor’s obligations under this Section 14 (Disaster Recovery/Business Continuity). Further, nothing in this Section 14 shall be construed as in any way limiting: Vendor’s obligations elsewhere in this Agreement, including but not limited to any applicable service levels as set forth in Exhibit C; or any rights or remedies available to the State of Iowa.

Activation of Plan. Vendor shall immediately notify the State of Iowa of any disaster or other event in which the Plan is activated. If Vendor fails to reinstate the Services within the periods of time set forth in the Plan, the State of Iowa may in addition to any other remedies available hereunder, in its sole discretion, immediately terminate this Agreement as a non-curable default under Section 8.3 7.3 (Default). Without limiting Vendor’s obligations under this Agreement, whenever a disaster causes Vendor to allocate limited resources between or among Vendor’s customers, the State of Iowa shall receive at least the same treatment as comparable Vendor customers with respect to such limited resources. The provisions of Section 19.5 18.5 (Force Majeure) shall not limit Vendor’s obligations under this Section 14 13 (Disaster Recovery/Business Continuity). Further, nothing in this Section 14 13 shall be construed as in any way limiting: Vendor’s obligations elsewhere in this Agreement, including but not limited to any applicable service levels as set forth in Exhibit CB; or any rights or remedies available to the State of Iowa.