Business Continuity Plan. The Warrant Agent shall maintain plans for business continuity, disaster recovery, and backup capabilities and facilities designed to ensure the Warrant Agent’s continued performance of its obligations under this Agreement, including, without limitation, loss of production, loss of systems, loss of equipment, failure of carriers and the failure of the Warrant Agent’s or its supplier’s equipment, computer systems or business systems (“Business Continuity Plan”). Such Business Continuity Plan shall include, but shall not be limited to, testing, accountability and corrective actions designed to be promptly implemented, if necessary. In addition, in the event that the Warrant Agent has knowledge of an incident affecting the integrity or availability of such Business Continuity Plan, then the Warrant Agent shall, as promptly as practicable, but no later than twenty-four (24) hours (or sooner to the extent required by applicable law or regulation) after the Warrant Agent becomes aware of such incident, notify the Company in writing of such incident and provide the Company with updates, as deemed appropriate by the Warrant Agent under the circumstances, with respect to the status of all related remediation efforts in connection with such incident. The Warrant Agent represents that, as of the date of this Agreement, such Business Continuity Plan is active and functioning normally in all material respects.
Business Continuity Plan. The Distributor shall maintain in effect a business continuity plan, and enter into any agreements necessary with appropriate parties making reasonable provision for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, the Distributor shall, at no additional expense to the Trust, take commercially reasonable steps to minimize service interruptions.
Business Continuity Plan. 16.1 The Parties shall be jointly responsible for devising a plan(s) to ensure the continuity of the Services in the event of an unforeseen interruption and any other prudent procedures and measures that are reasonably necessary to prevent the disruption of the Services (collectively, the "Business Continuity Plan"). The Company shall be responsible for maintaining the Business Continuity Plan and Service Provider shall, in the event of an unforeseen interruption, cooperate to the best of its ability with the Company to ensure the uninterrupted provision of Services.
Business Continuity Plan. The Custodian shall provide internally, or shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, the Custodian shall, at no additional expense to the applicable Fund, take reasonable steps to minimize service interruptions. Provided BNY Mellon has acted with the reasonable care and due diligence of persons acting in a similar capacity and maintains the business continuity plan contemplated in this section of the Agreement and further provided such loss of data or service interruption caused by equipment failure is not caused by the Custodian’s failure to meet the Standard of Care set forth in Section 9.1 of this Agreement in the performance of its duties under this Agreement, the Custodian shall have no liability with respect to the loss of data or service interruptions caused by equipment failure. Summaries of Custodian’s disaster recovery and business resiliency/continuity plans (“DR Plans”) pertinent to the services provided hereunder, which shall address Custodian’s ability to render services under this Agreement during and after a significant business disruption, including the availability to Custodian of back-up services and redundancies, will be provided to the Funds. Custodian reserves the right to edit or update its DR Plans as needed from time to time, without notice, so long as the changes do not materially compromise Custodian’s ability to maintain services in accordance with this Agreement. Upon written request of the Funds, Custodian agrees to report to the Funds on its business continuity policy which may include an annual presentation on its business continuity procedures. Custodian’s DR Plans shall be tested no less than annually with the ability of the Funds to participate in the testing unless impracticable. The Custodian shall provide the Funds with summary results of such testing on an annual basis and, where unsuccessful tests or significant issues related to the services provided hereunder arise, provide sufficient evidence of remediation or resolution. Custodian agrees to maintain a log of all business continuity events and report material business continuity events affecting the services hereunder to the Funds or their designee upon Custodian becoming aware of any such event, as well as steps proposed in order to minimize ...
Business Continuity Plan. Trust Company has established a business continuity plan that will support its ability to conduct business in the event of a significant business disruption (“SBD”). This plan is reviewed and updated annually, and can be updated more frequently, if deemed necessary by Trust Company in its sole discretion. Should Trust Company be impacted by an SBD, Trust Company aims to minimize business interruption as quickly and efficiently as possible. To receive more information about Trust Company’s business continuity plan, please send a written request to email@example.com. Certain confidential information contained in this document, marked by [**], has been omitted because Grayscale Ethereum Trust (ETH) has determined that the information (i) is not material and (ii) would likely cause competitive harm to Grayscale Ethereum Trust (ETH) if publicly disclosed. IN WITNESS WHEREOF, this Agreement is executed as of July 29, 2019. COINBASE CUSTODY TRUST COMPANY, LLC GRAYSCALE INVESTMENTS, LLC BY: /S/ XXX XXXXXXXXX BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXX XXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: CHIEF EXECUTIVE OFFICER TITLE: MANAGING DIRECTOR GRAYSCALE ETHEREUM TRUST (ETH) BY: GRAYSCALE INVESTMENTS, LLC, THE SPONSOR BY: /S/ XXXXXXX XXXXXXXXXXX NAME: XXXXXXX XXXXXXXXXXX TITLE: MANAGING DIRECTOR Certain confidential information contained in this document, marked by [**], has been omitted because Grayscale Ethereum Trust (ETH) has determined that the information (i) is not material and (ii) would likely cause competitive harm to Grayscale Ethereum Trust (ETH) if publicly disclosed. APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE Prohibited Use Client may not use Client’s Custodial Account to engage in the following categories of activity (“Prohibited Uses”). The Prohibited Uses extend to any third party that gains access to the Custodial Services through Client’s account or otherwise, regardless of whether such third party was authorized or unauthorized by Client to use the Custodial Services associated with the Custodial Account. The specific types of use listed below are representative, but not exhaustive. If Client is uncertain as to whether or not Client’s use of Custodial Services involves a Prohibited Use, or have questions about how these requirements applies to Client, please contact Trust Company at firstname.lastname@example.org. By opening a Custodial Account, Client confirms that Client will not use Client’s Custodial Account to do any of the fol...
Business Continuity Plan. State Street shall maintain a comprehensive business continuity plan that is commercially reasonable and complies with applicable law, rules and regulations. State Street will provide an executive summary of such plan upon reasonable request of the Insurance Company. State Street will test the adequacy of its business continuity plan at least annually. In the event of business disruption that materially impacts State Street’s provision of service under this Agreement, State Street will promptly notify the Insurance Company of the disruption and the steps being taken in response.
Business Continuity Plan. The Joint Venture Company will develop a process to recover the production process in the event of a natural disaster or any other event that disrupts the production process or the ability of the Joint Venture Company to meet its delivery commitments to Intel or satisfy customer orders. If requested by Intel, Joint Venture Company will review its Business Continuity Plan with Intel and make changes as agreed with Intel, subject to any confidentiality requirements.
Business Continuity Plan. 9 16.1 CONTRACTOR shall provide a written Business Continuity Plan (BCP) 10 that identifies how CONTRACTOR shall continue to provide services after a 11 business interruption, including but not limited to, a man-made or natural 12 disaster. The BCP will include a Disaster Preparedness and Response Plan and 13 shall be submitted to COUNTY within thirty (30) days after the commencement of 14 this Agreement.
Business Continuity Plan. The Distributor shall maintain a comprehensive business continuity plan and will provide an executive summary of such plan upon reasonable request of the Trust. The Distributor will test the adequacy of its business continuity plan at least annually and upon request, will report to the Trust the results of such testing. Upon request by the Trust, the Distributor will provide the Trust with a letter assessing the most recent business continuity test results. In the event of business disruption that materially impacts the Distributor’s provision of service under this Agreement, the Distributor will notify the Trust of the disruption and the steps being implemented under the business continuity plan. If the Distributor reasonably determines that it is unable to put its disaster recovery plan in place in a manner that allows the Distributor to satisfy its obligations under this Agreement, the Distributor shall provide reasonable assistance and support to the Trust in seeking such services from an alternative source.