Continued Provision of Services. Unless agreed otherwise in writing by Viterra and the Client, if the Client:
(a) acquires any Services from Viterra after the Expiry Date; and
(b) has not executed a new agreement with Viterra in respect of those Services, the Parties agree that Viterra will provide (if the Client meets the Prudential Requirements), and the Client will acquire, those Services after the Expiry Date on the terms and conditions set out in Viterra’s then current Storage & Handling Agreement.
Continued Provision of Services. 10.1 Business Resumption Plan. Exhibit 10.1 sets forth the procedures to be followed with respect to the continued provision of the Services in the event a Service Center, including for the avoidance of doubt any call center used by TPA in providing the Services, is unavailable for use by TPA because it has been destroyed, damaged or is otherwise not available for use (the "Business Resumption Plan") to such an extent that TPA is unable to provide any or all of a portion of the Services. TPA may modify or change the Business Resumption Plan at any time; provided, however, that such change or modification shall be reasonably acceptable to the Customers and shall not materially adversely affect TPA's ability to restore the Services. TPA shall (1) notify the Customers of any material change or modification in the Business Resumption Plan, (2) test the Business Resumption Plan at least once every calendar year during the Initial Term, the Renewal Term, if any, and the Transfer Assistance Period, if any, and promptly advise the Customers of the test results, (3) consult with the Customers regarding the priority to be given to the Services during the pendency of any such disaster and (4) not be excused from implementing the Business Resumption Plan as a result of the events described in Section 10.2.
Continued Provision of Services. UPC shall provide or cause to be provided the Data Center Services, the Agilink Services, and the Office Space and Related Equipment and Services (collectively, the “Services”) to Overnite and its subsidiaries pursuant to the terms and conditions set forth herein. UPC shall provide Services of at least the same nature and quality as the similar services that it has provided to OTC during the year prior to the Effective Date of this Agreement, and shall perform the Services with at least the same degree of care, skill, timeliness and prudence that it exercises with respect to its own operations. The provision of Agilink Services will be governed solely by the Agilink Letter. The availability of the systems used in providing the Data Center Services and UPC’s response times related to provision of the Data Center Services shall meet or exceed the standards to be agreed to between UPC and Overnite. UPC agrees to cooperate in good faith with Overnite to plan and evaluate upgrades related to the Data Center Services and the relocation of OTC’s data center to Richmond, Virginia. In the event that Overnite requires any additional services not contemplated hereby, Overnite shall deliver a written request for such services, and UPC will determine in its sole judgment whether it will provide such additional requested services. The rate for such additional services shall be determined in accordance with Section 6 of this Agreement.
Continued Provision of Services. 7.01 Disaster Recovery Plan As part of Services, TM VENDORS shall (1) develop and submit to AMEX for AMEX's consideration a Disaster Recovery Plan (the "DRP") within 20 business days of the Effective Date that meets or exceeds the requirements set forth in Exhibit E, (2) periodically update and test the operability of the DRP in effect at that time, (3) upon AMEX's request, certify to AMEX that the DRP is fully operational at least once a year and (4) immediately provide AMEX with notice of a disaster and implement the DRP upon the occurrence of a disaster at a TM VENDORS Service Location or otherwise affecting the provisions or receipt of the Services (a "Disaster"). TM VENDORS shall use its best efforts to reinstitute the Services within four (4) hours of the occurrence of a Disaster but, in any event, shall reinstitute the Services within twenty-four (24) hours of each occurrence. In the event TM VENDORS provides the Services from a business recovery center for more than thirty (30) days, AMEX may terminate this Agreement for cause upon notice to CREDITCOMM.
Continued Provision of Services. 8.01 Disaster Recovery Plan. Exhibit H sets forth the procedures to be followed with respect to the continued provision of the Customer Services and the Additional Services in the event the Service Center is unavailable for use by Liberty because it has been destroyed, damaged or is otherwise not available for use (the "Disaster Recovery Plan") to such an extent that Liberty is unable to provide a substantial portion or all of the Customer Services or the Additional Services. Liberty may modify or change the Disaster Recovery Plan at any time; provided, however, that such change or modification shall be reasonably acceptable to Customer and shall not materially adversely affect Liberty's ability to restore the Customer Services or the Additional Services. Liberty shall (1) notify Customer of any material change or modification in the Disaster Recovery Plan, (2) test the Disaster Recovery Plan at least once every calendar year during the Term or the Renewal Term, (3) consult with Customer regarding the priority to be given to the Customer Services and the Additional Services during the pendency of any such disaster and (4) not be excused from implementing the Disaster Recovery Plan as a result of the events described in Section 8.02.
Continued Provision of Services. (a) Business Continuity Plan. InfoSync will make its business continuity plan available to Client prior to implementation of the Services. In the event that InfoSync is planning to amend, update or otherwise alter its business continuity plan it shall provide Client with reasonable notice of such amendment including sufficient detail thereof and shall not amend, update or otherwise alter such business continuity plan without Client’s prior written consent.
Continued Provision of Services. The provisions of Article 28 of the Master Agreement are hereby incorporated by reference into this Country Agreement, mutatis mutandis. 7 Country Agreement (Pro Forma)
Continued Provision of Services. After termination of this Agreement for any reason, Agricultural Sub-Adviser shall, on written request by AFA, continue to furnish the services to AFA on the same terms for up to an additional 90 calendar days from the date of termination (in which event Agricultural Sub-Adviser shall be compensated as provided in this Agreement) and shall assist with the transfer of the Services to a new sub-adviser or to AFA (or one or more of its Affiliates). In such circumstances, (i) Agricultural Sub-Adviser shall cooperate with the reasonable requests of AFA in order facilitate the transition of the Services and (ii) Agricultural Sub-Adviser shall be compensated for such Services notwithstanding the provisions of Section 22(d) above.
Continued Provision of Services. 9.1 In addition to Supplier’s obligations under the Master Agreement, Supplier will have the disaster recovery and business continuity obligations set forth in Exhibit 8 (Business Continuity and Disaster Recovery) and, after the occurrence of a disaster, will reinstate interrupted Services within the time periods set forth in Exhibit 8.
9.2 The events upon which WaMu may exercise step-in rights in accordance with the Master Agreement are set forth in Exhibit 9 (Step-In Events).
Continued Provision of Services. In addition to Supplier’s obligations under the Master Agreement, Supplier will have the disaster recovery and business continuity obligations set forth in Exhibit 8 (Business Continuity and Disaster Recovery) and, after the occurrence of a disaster, will reinstate interrupted Services within the time periods set forth in Exhibit 8.
