Common use of Disaster Recovery Plan Clause in Contracts

Disaster Recovery Plan. A. The Administrator warrants and represents that it: (i) has reasonably designed disaster recovery plans; (ii) has implemented various procedures and systems with regard to safekeeping from loss or damage attributable to fire, theft or any other cause of the blank checks, records and other data of the Trust and the Administrator’s equipment, facilities and other property used in the performance of its obligations hereunder that are reasonable and adequate and that it will make such changes therein from time to time as are reasonably required for the secure performance of its obligations hereunder; and (iii) upon request of the Trust, it shall provide evidence of its disaster recovery plan. B. The Administrator shall continuously maintain and periodically test such reasonably designed back-up systems and disaster recovery plans, and shall report to the Funds and the Board no less than annually regarding such maintenance and testing. Upon the Trust’s request, the Administrator shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, the Administrator shall not be responsible for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond its reasonable control (“Force Majeure Events”) include, without limitation, natural disasters, actions or decrees of governmental bodies, terrorist actions, communication lines failures that are not the fault of either party, flood or catastrophe, acts of God or other similar events beyond its control. C. In the event of a Force Majeure Event, the Administrator shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption.

Appears in 4 contracts

Samples: Administrative Services Agreement (Columbia Acorn Trust), Administrative Services Agreement (Columbia Acorn Trust), Administrative Services Agreement (Columbia Acorn Trust)

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Disaster Recovery Plan. A. The Administrator (a) Columbia WAM warrants and represents that it: (i) has reasonably designed disaster recovery plans; (ii) has implemented various procedures and systems with regard to safekeeping from loss or damage attributable to fire, theft or any other cause of the blank checks, records and other data of the Trust CAT, and the AdministratorColumbia WAM’s equipment, facilities and other property used in the performance of its obligations hereunder that are reasonable and adequate and that it will make such changes therein from time to time as are reasonably required for the secure performance of its obligations hereunder; and (iii) upon request of the TrustCAT, it Columbia WAM shall provide evidence of its disaster recovery plan. B. The Administrator (b) Columbia WAM shall continuously maintain and periodically test such reasonably designed back-up systems and disaster recovery plans, and shall report to the Funds CAT and the Board no less than annually regarding such maintenance and testing. Upon the Trust’s requestrequest of CAT, the Administrator Columbia WAM shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, the Administrator Columbia WAM shall not be responsible for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond its Columbia WAM’s reasonable control (“Force Majeure Events”) include, without limitation, natural disasters, actions or decrees of governmental bodies, terrorist actions, communication lines failures that are not the fault of either party, flood or catastrophe, acts of God or other similar events beyond its control. C. (c) In the event of a Force Majeure Event, the Administrator Columbia WAM shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Columbia Acorn Trust), Investment Advisory Agreement (Columbia Acorn Trust), Investment Advisory Agreement (Columbia Acorn Trust)

Disaster Recovery Plan. A. The Administrator warrants and represents that it: (i) 1. has reasonably designed disaster recovery plans; (ii) 2. has implemented various procedures and systems with regard to safekeeping from loss or damage attributable to fire, theft or any other cause of the blank checks, records and other data of the Trust and the Administrator’s equipment, facilities and other property used in the performance of its obligations hereunder that are reasonable and adequate and that it will make such changes therein from time to time as are reasonably required for the secure performance of its obligations hereunder; and (iii) 3. upon request of the Trust, it shall provide evidence of its disaster recovery plan. B. The Administrator shall continuously maintain and periodically test such reasonably designed back-up systems and disaster recovery plans, and shall report to the Funds and the Board no less than annually regarding such maintenance and testing. Upon the Trust’s request, the Administrator shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, the Administrator shall not be responsible for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond its reasonable control (“Force Majeure Events”) include, without limitation, natural disasters, actions or decrees of governmental bodies, terrorist actions, communication lines failures that are not the fault of either party, flood or catastrophe, acts of God or other similar events beyond its control. C. In the event of a Force Majeure Event, the Administrator shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption.

Appears in 2 contracts

Samples: Administrative Services Agreement (Wanger Advisors Trust), Administrative Services Agreement (Wanger Advisors Trust)

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Disaster Recovery Plan. A. The Administrator (a) Columbia WAM warrants and represents that it: (i) has reasonably designed disaster recovery plans; (ii) has implemented various procedures and systems with regard to safekeeping from loss or damage attributable to fire, theft or any other cause of the blank checks, records and other data of the Trust Trust, and the AdministratorColumbia WAM’s equipment, facilities and other property used in the performance of its obligations hereunder that are reasonable and adequate and that it will make such changes therein from time to time as are reasonably required for the secure performance of its obligations hereunder; and (iii) upon request of the Trust, it Columbia WAM shall provide evidence of its disaster recovery plan. B. The Administrator (b) Columbia WAM shall continuously maintain and periodically test such reasonably designed back-up systems and disaster recovery plans, and shall report to the Funds Trust and the Board no less than annually regarding such maintenance and testing. Upon the request of the Trust’s request, the Administrator Columbia WAM shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, the Administrator Columbia WAM shall not be responsible for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond its Columbia WAM’s reasonable control (“Force Majeure Events”) include, without limitation, natural disasters, actions or decrees of governmental bodies, terrorist actions, communication lines failures that are not the fault of either party, flood or catastrophe, acts of God or other similar events beyond its control. C. (c) In the event of a Force Majeure Event, the Administrator Columbia WAM shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption.

Appears in 1 contract

Samples: Investment Advisory Agreement (Wanger Advisors Trust)

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