Common use of Duplicate Records and Backup Facilities Clause in Contracts

Duplicate Records and Backup Facilities. Provident shall not be liable for loss of data occurring by reason of circumstances beyond its control, including, but not limited to, acts of civil or military authority, national emergencies, fire, flood or catastrophe, acts of God, insurrection, war, riots or failure of transportation, communication or power supply. However, Provident shall keep in a separate and safe place additional copies of all records required to be maintained pursuant to this Agreement or additional tapes, disks or other sources of information necessary to reproduce all such records. Furthermore, at all times during this Agreement, Provident shall maintain a contractual arrangement whereby Provident will have a back-up computer facility available for its use in providing the services required hereunder in the event circumstances beyond Provident's control result in Provident not being able to process the necessary work at its principal computer facility. Provident shall, from time to time, upon request from the Fund provide written evidence and details of its arrangement for obtaining the use of such a back-up computer facility. Provident shall use its best efforts to minimize the likelihood of all damage, loss of data, delays and errors resulting from an uncontrollable event, and should such damage, loss of data, delays or errors occur, Provident shall use its best efforts to mitigate the effects of such occurrence. Representatives of the Fund shall be entitled to inspect Provident's premises and operating capabilities within reasonable business hours upon reasonable notice to Provident, and, upon request of such representative or representatives, Provident shall from time to time, as appropriate, furnish to the Fund a letter setting forth the insurance coverage thereon, any changes in such coverage which may occur and any claim relating to the Fund which Provident may have made under such insurance.