Common use of Business Continuity Planning Clause in Contracts

Business Continuity Planning. Each party will develop, maintain and, as necessary in the event of business interruption, execute a business resumption plan, and will provide to the other party, its auditors and regulators reasonable access to the plan and to plan test results, as such other party may reasonably request from time to time, including such information that may be reasonably required to determine the compatibility of the plans. (a) Fidelity shall provide disaster recovery services for its batch and on-line processing obligations to Client at a dedicated facility which is equipped to handle the Fidelity data center processing in the event disaster recovery is needed. Client shall provide an alternate control point for data communications access to a backup network in the case of a disaster. Throughout the Term of this Agreement, Fidelity will maintain in effect contracts and/or arrangements for disaster recovery that are substantially equivalent to those which are in effect as of the Effective Date. At Client’s request, Fidelity will make Fidelity’s disaster recovery plans available for Client’s review. (b) Client acknowledges that disaster recovery arrangements are designed to deal with circumstances that are expected to cause a substantial portion of the capabilities at the Fidelity’s data center to be unavailable for a period exceeding seventy-two (72) consecutive hours. (c) Fidelity will test its disaster recovery capabilities at least once per calendar year. Client shall participate in the disaster recovery test when deemed appropriate by Fidelity. Fidelity will provide a report of the test and its results to Client by January 31st of each year for the test conducted during the immediately preceding calendar year. (d) Fidelity will assist Client in establishing procedure and practices, which will enable Client to satisfy its responsibilities under this Agreement. (e) Upon request, Fidelity will review and comment upon those portions of the Client’s overall business resumption plan related to the Services provided under this Agreement and will provide a written report setting forth any discrepancies between Client’s overall business resumption plan and the Fidelity disaster recovery plan. (f) Each party will be responsible for training its own personnel as required in connection with all applicable contingency planning activities. (g) Each party’s contingency planning activities will comply with such regulatory policies as may be applicable to Client’s business. If compliance with any of these policies would significantly increase Fidelity’s cost of providing products and services, Fidelity may increase the fees and charges under this Agreement by an amount that reflects a pro rata allocation of Fidelity’s increased costs among the Fidelity customers affected by the change.

Business Continuity Planning. Each party will develop, maintain and, as necessary in the event of business interruption, execute a business resumption plan, and will provide to the other party, its auditors and regulators reasonable access to the plan and to plan test results, as such other party may reasonably request from time to time, including such information that may be reasonably required to determine the compatibility of the plans. (a) Fidelity shall provide disaster recovery services for its batch and on-line processing obligations to Client Customer at a dedicated facility which is equipped to handle the Fidelity data center processing in the event disaster recovery is needed. Client shall provide an alternate control point for data communications access to a backup network in the case of a disaster. Throughout the Term of this Agreement, Fidelity will maintain in effect contracts and/or arrangements for disaster recovery that are substantially equivalent to those which are in effect as of the Effective Date. At ClientCustomer’s request, Fidelity will make Fidelity’s disaster recovery plans available for ClientCustomer’s review. (b) Client Customer acknowledges that disaster recovery arrangements are designed to deal with circumstances that are expected to cause a substantial portion of the capabilities at the Fidelity’s data center to be unavailable for a period exceeding seventy-two (72) consecutive hours. (c) Fidelity will test its disaster recovery capabilities at least once per calendar year. Client Customer shall participate in the disaster recovery test when deemed appropriate by Fidelity. Fidelity will provide a report of the test and its results to Client by January 31st of each year for the test conducted during the immediately preceding calendar yearCustomer upon written request. (d) Fidelity will assist Client in establishing procedure and practices, which will enable Client to satisfy its responsibilities under this Agreement. (e) Upon request, Fidelity will review and comment upon those portions of the ClientCustomer’s overall business resumption plan related to the Services provided under this Agreement and will provide a written report setting forth any discrepancies between ClientCustomer’s overall business resumption plan and the Fidelity disaster recovery plan. (fe) Each party will be responsible for training its own personnel as required in connection with all applicable contingency planning activities. (g) Each party’s contingency planning activities will comply with such regulatory policies as may be applicable to Client’s business. If compliance with any of these policies would significantly increase Fidelity’s cost of providing products and services, Fidelity may increase the fees and charges under this Agreement by an amount that reflects a pro rata allocation of Fidelity’s increased costs among the Fidelity customers affected by the change.

Business Continuity Planning. Each party will develop, maintain and, as necessary in the event of business interruption, execute a business resumption plan, and will provide to the other party, its auditors and regulators reasonable access to the plan and to plan test results, as such other party may reasonably request from time to time, including such information that may be reasonably required to determine the compatibility of the plans. (a) Fidelity shall provide disaster recovery services for its batch and on-line processing obligations to Client at a dedicated facility which is equipped to handle the Fidelity data center processing in the event disaster recovery is needed. Client shall provide an alternate control point for data communications access to a backup network in the case of a disaster. Throughout the Term of this Agreement, Fidelity will maintain in effect contracts and/or arrangements for disaster recovery that are substantially equivalent to those which are in effect as of the Effective Date. At Client’s 's request, Fidelity will make Fidelity’s 's disaster recovery plans available for Client’s 's review. (b) Client acknowledges that disaster recovery arrangements are designed to deal with circumstances that are expected to cause a substantial portion of the capabilities at the Fidelity’s 's data center to be unavailable for a period exceeding seventyforty-two eight (7248) consecutive hours. (c) Fidelity will test its disaster recovery capabilities at least once per calendar year. Client shall participate in the disaster recovery test when deemed appropriate by Fidelity. Fidelity will provide a report of the test and its results to Client by January 31st of each year for the test conducted during the immediately preceding calendar year. (d) Fidelity will assist Client in establishing procedure and practices, which will enable Client to satisfy its responsibilities under this Agreement. (e) Upon request, Fidelity will review and comment upon those portions of the Client’s 's overall business resumption plan related to the Services provided under this Agreement and will provide a written report setting forth any discrepancies between Client’s 's overall business resumption plan and the Fidelity disaster recovery plan. (f) Each party will be responsible for training its own personnel as required in connection with all applicable contingency planning activities. (g) Each party’s 's contingency planning activities will comply with such regulatory policies as may be applicable to Client’s 's business. If compliance with any of these policies would significantly increase Fidelity’s 's cost of providing products and services, Fidelity may increase the fees and charges under this Agreement by an amount that reflects a pro rata allocation of Fidelity’s 's increased costs among the Fidelity customers affected by the change.