Business Continuity and Contingency Plan. We have a comprehensive business continuity program in place, which we review, update and test on a regular basis. The plan provides for continuation of client service in the event of various types of interruption to our facilities and services, with the understanding that we cannot plan for, safeguard or guarantee against all contingencies. Our policy is to respond to significant business disruptions by safeguarding employees’ lives and firm property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of the firm’s books and records, and ensuring that our customers can continue to transact business. Examples of potential scenarios that might cause some changes to our regular business operations: • A power outage due to the power company being unable to supply electricity at our primary facility for almost any reason should not disrupt our service to our customers • We maintain a primary location and a back-up facility in separate locations for our data servers and our customer service operations, and, in an emergency, can conduct relevant operations from separate locations although, depending on the circumstances, on a reduced scale (in some cases, a much-reduced scale). Account access would be made available through the back-up location, if necessary. • External threats or damage to our primary facility would cause us to transition to our back-up facility with some disruptions to services we will make best efforts to minimize. No contingency plan can eliminate all risk of service interruption or impeded account access. We assess and update our plans to mitigate risks. In creating our Business Continuity and Contingency Plan, certain assumptions have been made such as alternative facilities being accessible, sufficient personnel being available, and external organizations including securities markets and government agencies being operational. If these assumptions are not valid under particular circumstances, we will evaluate possibilities for minimizing the disruption to services feasible at that time and will promptly provide clients with information about how to access their funds and securities. We update the Business Continuity and Contingency Plan to reflect changes to our business processes, technology, and staff, and continue to post a summary of it on our website. You may also obtain our current Business Continuity and Contingency Plan summary by submitting a written request.
Business Continuity and Contingency Plan. We have a business continuity program in place that we review and test on a regular basis. The plan provides for continuation of client service in the event of various types of interruption to our facilities and services, with the understanding that we cannot plan for or guarantee against all contingencies. Our policy is to respond to significant business disruptions by protecting employees’ safety and firm property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of the firm’s books and records, and facilitating the continuity of our customers’ ability to transact business. No contingency plan can eliminate all risk of service interruption or temporarily impeded account access. In creating our business continuity and contingency plan, certain assumptions have been made such as alternative facilities being accessible, sufficient personnel being available, and external organizations including securities markets and government agencies being operational. If these assumptions are not valid, we will evaluate possibilities for minimizing the disruption to services at that time and will promptly provide clients with information about how to access their funds and securities. We update the business continuity and contingency plan as needed in the event of changes to our business processes, technology, and staff, and continue to post a summary of it on our websites. You may also obtain our current business continuity and contingency plan summary by submitting a written request to us.
Business Continuity and Contingency Plan. We have a business continuity program in place that we review and test on a regular basis. The plan provides for continuation of client service in the event of various types of interruption to our facilities and services, with the understanding that we cannot plan for or guarantee against all contingencies. Our policy is to respond to significant business disruptions by protecting employees’ safety and firm property, making a financial and operational assessment, quickly recovering and resuming operations, protecting all of the firm’s books and records, and facilitating the continuity of our customers’ ability to transact business.
Business Continuity and Contingency Plan. 16.1 Service Provider will continue to maintain and test the Business Continuity and Contingency Plan (if any) that Client has in place at the Commencement Date or established thereafter in accordance with Clause 16.2 as amended from time to time in accordance with Change Control in accordance with Client’s usual procedures and frequency (subject to a maximum of two times per year) for maintenance and testing. Service Provider will not, unless otherwise agreed, be responsible for the adequacy or completeness of the Business Continuity and Contingency Plan.
16.2 During the Transition Period Service Provider will review the Business Continuity and Contingency Plan (if any) and make general recommendations for improvement, in either or both of the terms of, or the procedures for maintaining and testing, the Business Continuity Plan. If no Business Continuity and Contingency Plan exists, Service Provider will make general recommendations for the preparation of one. If, as a result of those recommendations or otherwise, Client wishes to make changes to, or (if none exists) prepare, the Business Continuity and Contingency, Client may request those changes or the preparation by making a Change Request under clause 17.
16.3 Each party will notify the other party if it believes that there has been a material disruption to business continuity that requires the implementation of the Business Continuity and Contingency Plan as recommended by the Service Provider in clause 16.2. The parties will then immediately implement the Business Continuity and Contingency Plan and Service Provider will perform its obligations as set out in that Plan.
16.4 Service Provider has a business continuity and contingency plan which it shall maintain during the term of this agreement.
Business Continuity and Contingency Plan. (a) As part of the Services with respect to each Work Order, Vendor shall (a) develop and implement a disaster recovery plan, and obtain Fidelity's written approval thereto, within ninety (90) days after such Work Order Effective Date, which plan shall be attached to the applicable Work Order, (b) update and test the operability of such plan once during every Work Order Year that the plan is fully operational, (c) certify to Fidelity at least once during every Work Order Year that the plan is fully operational and (d) implement the plan upon the occurrence of a disaster. Upon the occurrence of a disaster as defined in the plan, Vendor shall use commercially reasonable efforts to re-institute the critical Services as defined in the Work Order or if none, then as mutually agreed by the Parties within eight (8) hours of the occurrence of a disaster but, in any event, shall re-institute the critical Services defined in the Work Order or if none, then as mutually agreed by the Parties, within twenty-four (24) hours of each occurrence. If the critical Services are not fully re-instituted within twenty-four (24) hours of the occurrence of a disaster, then Fidelity may terminate one or more Work Orders (in whole or in part), without penalty and without regard to Section 17.3 (Termination for Cause) hereof. In the event of a disaster, Vendor shall not increase its charges under this Master Agreement, the Agreement Collateral Documents or any Work Order, or charge Fidelity usage fees in addition to the Fees.
(b) Vendor further agrees that with respect to each Work Order, Fidelity may during the Work Order Term for any reasonable reason whatsoever, request that Vendor move all or some of the Vendor Personnel listed on such Work Order (Contingency Plan Resources) to a location reasonably selected by Fidelity (the "Contingency Location") including, without limitation, a location within India, a Fidelity Location where Services are provided, such other Fidelity Location reasonably selected by Fidelity, a Vendor Location or third party location reasonably acceptable to Fidelity and reasonably equipped to facilitate performance of the Services. In the event of such a request, Vendor agrees that it shall (a) continue to provide the Services without any disruption, (b) promptly commence arrangements to move such personnel to the Contingency Location and (c) use commercially good faith efforts to have such resources or a significant portion thereof relocated in no more than ...
