Disaster Recovery and Force Majeure Sample Clauses
The Disaster Recovery and Force Majeure clause defines how parties will respond if unforeseen events, such as natural disasters or other major disruptions, prevent them from fulfilling their contractual obligations. Typically, this clause outlines the types of events considered force majeure, the procedures for notifying the other party, and any temporary suspension or modification of obligations during the event. Its core function is to allocate risk and provide a clear process for handling extraordinary circumstances, ensuring that neither party is unfairly penalized for events beyond their control.
POPULAR SAMPLE Copied 1 times
Disaster Recovery and Force Majeure. J.▇. ▇▇▇▇▇▇ will maintain and update from time to time business continuation and disaster recovery procedures with respect to its global business that it determines from time to time meet reasonable commercial standards. J.▇. ▇▇▇▇▇▇ will not be liable, however, for any Liabilities of any nature that the Trust or any third party may suffer or incur, caused by an act of God, fire, flood, epidemics, earthquakes or other disasters, civil or labor disturbance, war, terrorism, act of any governmental authority or other act or threat of any authority (de jure or de facto), nationalization, expropriation, legal constraint, fraud or forgery (other than on the part of J.▇. ▇▇▇▇▇▇, a J.▇. ▇▇▇▇▇▇ Affiliateor their respective employees), theft, cyber-attack, malfunction of equipment or software (except where such malfunction is primarily and directly attributable to J.▇. ▇▇▇▇▇▇’▇ negligence in maintaining the equipment or software), currency re-denominations, currency restrictions, failure of or the effect of rules or operations of any external funds transfer system, inability to obtain or interruption of external communications facilities, power failures or any other cause beyond the reasonable control of J.▇. ▇▇▇▇▇▇ (including without limitation the unavailability of appropriate foreign exchange).
Disaster Recovery and Force Majeure. Each of the Parties will timely implement, if it has not already, and maintain a reasonable disaster recovery plan. Upon request by SunTrust, FMC shall promptly provide to SunTrust a description of and summary test results for FMC’s disaster recovery plan, including such information as may reasonably be requested by SunTrust to comply with Requirements of Law. Upon the occurrence of any disaster requiring use of FMC’s disaster recovery plan, FMC shall promptly notify SunTrust of same, and FMC shall provide to SunTrust access to services equal to services provided to other clients. Subject to the foregoing, no Party hereto shall be responsible for, or in breach of, this Agreement if it is unable to perform or its performance is rendered impracticable as a result of delays or failures due to any cause beyond its control, howsoever arising, and not due to its own act or negligence and that cannot be overcome by the exercise of due diligence. Such causes shall include, but not be limited to, labor disturbances, riots, fires, earthquakes, floods, storms, lightning, epidemics, terrorist attacks, wars, civil disorder, hostilities, expropriation or confiscation of property, failure or delay by carriers, interference by civil and military authorities whether by legal proceeding or in fact and whether purporting to act under some constitution, decree, law or otherwise, or acts of God (each such event, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the Party declaring such event shall provide written notice thereof to the other Party as soon as practicable. Notwithstanding any other provision in this Agreement, either SunTrust or FMC may immediately terminate this Agreement if the other Party cannot perform the Services (in the case of FMC) or otherwise perform their obligations hereunder for more than five (5) days, subject to the provisions of Section 18.1 and Section 18.3, and provided, however, that if the Party previously unable to perform regains its ability to perform hereunder, the notice of termination must be delivered to the other Parties no later than thirty (30) days after the Party regains such ability to perform and notifies the other Parties thereof.
Disaster Recovery and Force Majeure. 7.1. The Supplier shall have in place an appropriate Disaster Recovery and Business Continuity Plan to ensure that it is able to comply with its obligations under this Agreement and shall:
7.1.1. ensure that it is able to implement the provisions of the Disaster Recovery and Business Continuity Plan at any time in accordance with its terms;
7.1.2. maintain, update and test such Disaster Recovery and Business Continuity Plan every 12 months;
7.1.3. following each test of the Disaster Recovery and Business Continuity Plan, send to the Customer a written report summarising the results of the test; and
7.1.4. implement the Disaster Recovery Plan in the event that the provision of the Services are not available for more than 48 hours.
7.2. Neither party shall be liable to the other for failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event.
7.3. Clause 7.2 shall not apply where a Force Majeure Event has been solely caused by the negligence of the party claiming relief pursuant to that Force Majeure Event.
7.4. If the Force Majeure Event continues for a period of more than 30 (thirty) days then the party not claiming relief pursuant to that Force Majeure Event may terminate this Agreement with immediate effect in accordance with Clause 16 (Term and Termination).