Common use of Backup Capability Clause in Contracts

Backup Capability. Bank covenants at all times during the term of this Agreement to maintain disaster recovery backup and failover capability adequate to enable Bank to perform under its then existing disaster recovery plan. On the date hereof Bank’s disaster recovery plan is in the form attached hereto as Schedule 3.14(g). Bank represents and warrants to Zale that Bank currently has in place all such backup and capability. Bank shall continually review such disaster recovery, backup and failover capability during the term hereof, in light of new technological developments, with a view toward implementing any changes that may be appropriate to provide backup records and services in the event of a systems failure or other disaster which threatens the records maintained with respect to the Card Program and the services provided by Bank hereunder. To the extent Zale requests copies of any disaster recovery test results reasonably available to Bank, Bank shall promptly supply such test results to Zale.

Backup Capability. Bank covenants at all times during the term of this Agreement Term to maintain disaster recovery backup and failover capability adequate to enable Bank to perform under its then existing disaster recovery plan. On the date hereof hereof, Bank’s disaster recovery plan is in the form attached hereto as Schedule 3.14(g)delivered by Bank to Zale contemporaneously herewith. Bank represents and warrants to Zale that Bank currently has in place all such backup and capability. Bank shall continually review such disaster recovery, backup and failover capability during the term hereofTerm, in light of new technological developments, with a view toward implementing any changes that may be appropriate to provide backup records and services in the event of a systems failure or other disaster which threatens the records maintained with respect to the Card Program and the services provided by Bank hereunder. To the extent Zale requests copies of any disaster recovery test results reasonably available to Bank, Bank shall promptly supply such test results to Zale.