Common use of Business Continuity Plan Clause in Contracts

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this Agreement, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries of Custodian’s disaster recovery and business resiliency/continuity plans (“DR Plans”) pertinent to the services provided hereunder, which shall address Custodian’s ability to render services under this Agreement during and after a significant business disruption, including the availability to Custodian of back-up services and redundancies, will be provided to the Funds. Custodian reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise Custodian’s ability to maintain services in accordance with this Agreement. Upon written request of the Funds, Custodian agrees to report to the Funds on its business continuity policy which may include an annual presentation on its business continuity procedures. Custodian’s DR Plans shall be tested no less than annually with the ability of the Funds to participate in the testing unless impracticable. The Custodian shall provide the Funds with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds or their designee upon Custodian becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a material business disruption associated with the services outlined in this Agreement, Custodian agrees to cooperate with the Funds or their designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian will promptly complete a root cause analysis report and email it to the Funds or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian will implement to ensure the disruption does not re-occur.

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in Upon written request by a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this AgreementFund, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries summaries of Custodian’s disaster recovery and business resiliency/continuity plans (“DR PlansBusiness Continuity Plan”) pertinent to the services provided hereunder, which shall address Custodian’s ability to render services under this Agreement during and after a Force Majeure Event or other significant business disruption, including the availability to Custodian of back-up services and redundancies, will be provided to the Funds. Custodian reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise Custodian’s ability to maintain services in accordance with this Agreementa Fund. Upon written request of the Fundsa Fund, Custodian agrees to report to the Funds a Fund on its business continuity policy which may include an annual presentation on its business continuity proceduresBusiness Continuity Plan. Custodian’s DR Plans Business Continuity Plan shall be tested no less than annually with the ability of the Funds to participate in the testing unless impracticableannually. The Custodian shall provide the Funds a Fund with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds a Fund or their its designee upon Custodian becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a Force Majeure Event or other material business disruption associated with the services outlined in this Agreement, Custodian agrees to cooperate with the Funds a Fund or their its designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian will promptly complete a root cause analysis report and email it to the Funds or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian will implement to ensure the disruption does not re-occurBusiness Continuity Plan.

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this Agreement, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries of CustodianBNY Mellon’s disaster recovery and business resiliency/continuity plans (“DR Plans”) pertinent to the services provided hereunder, which shall address CustodianBNY Mellon’s ability to render services under this Agreement during and after a significant business disruption, including the availability to Custodian BNY Mellon of back-up services and redundancies, redundancies will be provided to the FundsTrust. Custodian BNY Mellon reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise CustodianBNY Mellon’s ability to maintain services in accordance with this Agreement. Upon written request of the FundsTrust, Custodian BNY Mellon agrees to report to the Funds Trust on its business continuity policy which may include an annual presentation on its business continuity procedures. CustodianBNY Mellon’s DR Plans shall be tested no less than annually with the ability of the Funds Trust to participate in the testing unless impracticable. The Custodian BNY Mellon shall provide the Funds Trust with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian BNY Mellon agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds Trust or their its designee upon Custodian BNY Mellon becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a material business disruption associated with the services outlined in this Agreement, Custodian BNY Mellon agrees to cooperate with the Funds Trust or their its designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian BNY Mellon of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian BNY Mellon will promptly complete a root cause analysis report and email it to the Funds Trusts or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian BNY Mellon will implement to ensure the disruption does not re-occur.

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this Agreement, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries of CustodianBNY Mellon’s disaster recovery and business resiliency/continuity plans (“DR Plans”) pertinent to the services provided hereunder, which shall address CustodianBNY Mellon’s ability to render services under this Agreement during and after a significant business disruption, including the availability to Custodian BNY Mellon of back-up services and redundancies, redundancies will be provided to the FundsTrusts. Custodian BNY Mellon reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise CustodianBNY Mellon’s ability to maintain services in accordance with this Agreement. Upon written request of the FundsTrusts, Custodian BNY Mellon agrees to report to the Funds Trusts on its business continuity policy which may include an annual presentation on its business continuity procedures. CustodianBNY Mellon’s DR Plans shall be tested no less than annually with the ability of the Funds Trusts to participate in the testing unless impracticable. The Custodian BNY Mellon shall provide the Funds Trusts with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian BNY Mellon agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds Trusts or their designee upon Custodian xxxx XXX Xxxxxx becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a material business disruption associated with the services outlined in this Agreement, Custodian BNY Mellon agrees to cooperate with the Funds Trusts or their designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian BNY Mellon of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian BNY Mellon will promptly complete a root cause analysis report and email it to the Funds Trusts or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian BNY Mellon will implement to ensure the disruption does not re-occur.

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused Upon written request by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this AgreementFund, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries summaries of Custodian’s disaster recovery and business resiliency/continuity plans (“DR PlansBusiness Continuity Plan”) pertinent to the services provided hereunder, which shall address Custodian’s ability to render services under this Agreement during and after a Force Majeure Event or other significant business disruption, including the availability to Custodian of back-up services and redundancies, will be provided to the Funds. Custodian reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise Custodian’s ability to maintain services in accordance with this AgreementFund. Upon written request of the FundsFund, Custodian agrees to report to the Funds Fund on its business continuity policy which may include an annual presentation on its business continuity proceduresBusiness Continuity Plan. Custodian’s DR Plans Business Continuity Plan shall be tested no less than annually with the ability of the Funds to participate in the testing unless impracticableannually. The Custodian shall provide the Funds Fund with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds Fund or their its designee upon Custodian becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a Force Majeure Event or other material business disruption associated with the services outlined in this Agreement, Custodian agrees to cooperate with the Funds Fund or their its designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian will promptly complete a root cause analysis report and email it to the Funds or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian will implement to ensure the disruption does not re-occurBusiness Continuity Plan.

Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable FundTrust, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this Agreement, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries of Custodian’s disaster recovery and business resiliency/continuity plans (“DR Plans”) pertinent to the services provided hereunder, which shall address Custodian’s ability to render services under this Agreement during and after a significant business disruption, including the availability to Custodian of back-up services and redundancies, will be provided to the FundsTrusts. Custodian reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise Custodian’s ability to maintain services in accordance with this Agreement. Upon written request of the FundsTrusts, Custodian agrees to report to the Funds Trusts on its business continuity policy which may include an annual presentation on its business continuity procedures. Custodian’s DR Plans shall be tested no less than annually with the ability of the Funds Trusts to participate in the testing unless impracticable. The Custodian shall provide the Funds Trusts with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds Trusts or their designee upon Custodian becoming aware of any such event, as well as steps proposed in order to minimize any interruption to its services hereunder. In the event of a material business disruption associated with the services outlined in this Agreement, Custodian agrees to cooperate with the Funds Trusts or their designee in responding to, resolving, and/or recovering from the disruption. The occurrence of a Force Majeure Event will not relieve Custodian of its obligation to implement the DR Plans and to provide the disaster recovery services contained therein. In the event of a service disruption, once normal service has been restored, Custodian will promptly complete a root cause analysis report and email it to the Funds Trusts or their designee. The report will include the cause of disruption, details of how the disruption was resolved, and follow-up actions Custodian will implement to ensure the disruption does not re-occur.