Common use of Business Continuity Plan Clause in Contracts

Business Continuity Plan. 12.1 [INTENTIONALLY LEFT BLANK] 12.2 Following implementations of vendor's BCP in accordance with this Engagement Schedule and the Agreement, Vendor will: (i) periodically update and test the operability of the BCP during every Contract Year that the BCP is fully operational, including testing of all interfacing telecommunications with Prudential; (ii) promptly share its testing results with Prudential; (iii) participate in Prudential's BCP and business continuation tests; (iv) certify to Prudential at least twice during every Contract Year that the BCP is fully operational; (v) implement the BCP upon the declaration by Prudential of a disaster under such BCP; (vi) reinstate all Critical Business Applications upon the declaration of such a disaster within seventy-two (72) hours in accordance with the BCP; and (vii) reinstate all other Services upon the declaration of such a disaster within the time frames specified in the BCP. If Critical Business Applications are not reinstated within seventy-two (72) hours or if the other Services are not reinstated in accordance with the time frames in such BCP, Prudential may terminate this Engagement Schedule immediately upon notice to vendor. In the event of such a disaster, Vendor will not increase its Fees under this Engagement Schedule or charge Prudential any additional or other fees or amounts. 12.3 If a disaster prevents, hinders or delays performance of the Services for more than seventy-two (72) hours, Prudential may procure such affected Services from an alternate source, and vendor will promptly reimburse Prudential for all costs and expenses incurred by Prudential in procuring the Services during the pendency of the disaster, to the extent that those costs and expenses exceed Vendor's Fees hereunder for such Services. 12.4 In addition to the health crisis provision set forth in the Agreement, vendor will adhere to any and all other pandemic and crisis management procedures described in Attachment H or as otherwise set forth in this Engagement Schedule.

Business Continuity Plan. 12.1 [INTENTIONALLY LEFT BLANK] 12.2 11.1 Following implementations implementation of vendor's Vendor’s BCP in accordance with this Engagement Schedule and the Agreement, Vendor will: (i) periodically update and test the operability of the BCP during every Contract Year that the BCP is fully operational, including testing of all interfacing telecommunications with Prudential; (ii) promptly share its testing results with Prudential; (iii) participate in Prudential's BCP and business continuation tests; (iv) certify to Prudential at least twice during every Contract Year that the BCP is fully operational; (v) implement the BCP upon the declaration by Prudential of a disaster under such BCP; (vi) reinstate all Critical Business Applications upon the declaration of such a disaster within seventy-two (72) hours in accordance with the BCP; and (vii) reinstate all other Services upon the declaration of such a disaster within the time frames specified in the BCP. If Critical Business Applications are not reinstated within seventy-two (72) hours or if the other Services are not reinstated in accordance with the time frames in such BCP, Prudential may terminate this Engagement Schedule immediately upon notice to vendorVendor. In the event of such a disaster, Vendor will not increase its Fees under this Engagement Schedule or charge Prudential any additional or other fees or amounts. 12.3 11.2 If a disaster prevents, hinders or delays performance of the Services for more than seventy-two (72) hours, Prudential may procure such affected Services from an alternate source, and vendor Vendor will promptly reimburse Prudential for all costs and expenses incurred by Prudential in procuring the Services during the pendency of the disaster, to the extent that those costs and expenses exceed Vendor's ’s Fees hereunder for such Services. 12.4 11.3 In addition to the health crisis provision set forth in the Agreement, vendor Vendor will adhere to any and all other pandemic and crisis management procedures described in Attachment H or as otherwise set forth in this Engagement Schedule.

Business Continuity Plan. 12.1 [INTENTIONALLY LEFT BLANK]19.1 The parties acknowledge that the regulatory requirements and associated timescales involved in switching manufacture of the Products to an alternative supplier are significant and as such the Supplier's business continuity plan shall focus on risk minimisation and mitigation to maintain the Supplier as the manufacturer of the Products. Within three (3) months of start of production or thirty (30) days of the Buyer's request, whichever is the sooner, the Supplier will provide the Buyer with a detailed, written business interruption and recovery plan, including business impact and risk assessment, crisis management, information technology disaster recovery, and business continuity (including plans to source Raw Materials and how a Technology Transfer would be performed in the event of an emergency) (the "BCP Plan"). 12.2 Following implementations 19.2 The Supplier will update the BCP Plan annually and provide a copy to the Buyer on 31 July each year demonstrating risk mitigation against the previous year. Such BCP Plan shall be discussed as part of vendor's BCP the annual review set out in accordance with this Engagement Schedule clause 7.1 above and the AgreementSupplier agrees to adhere to the BCP Plan, Vendor will: including any modifications or changes mutually agreed between the parties. 19.3 The Supplier will notify the Buyer in writing within twenty-four (i24) periodically update and test the operability hours of any activation of the BCP during every Contract Year Plan. 19.4 Subject to clause 18, the Supplier agrees that in the event that the BCP Plan is fully operationalactivated and during such activation the Buyer, including testing of all interfacing telecommunications with Prudential; (ii) promptly share its testing results with Prudential; (iii) participate in Prudential's BCP and business continuation tests; (iv) certify to Prudential at least twice during every Contract Year acting reasonably, concludes that the BCP Supplier is fully operational; not able to fulfil its obligations under this Agreement and the Products will go out of stock in markets, on the Buyer's request the Supplier will perform, at the Buyer's cost (vas to reasonable expenses properly incurred), an emergency Technology Transfer to a third party identified by the Buyer as an alternative source of manufacture of the Products and the Buyer's obligations to purchase Products exclusively from the Supplier as set out under this Agreement shall cease to apply. 19.5 If the Supplier's ability to supply the Products to its customers becomes limited due to a Force Majeure Event, or otherwise limited due to circumstances not foreseen by this Agreement, such that the Supplier is making allocations of Raw Materials (other than Raw Materials supplied by the Buyer (if any), which may not be allocated) implement on a pro rata basis between Products and products of third party customers to its customers, the BCP upon Supplier undertakes that it shall nevertheless use all reasonable endeavours to supply the declaration Buyer with its requirement of Raw Materials (or such other pro rata volume as is agreed with the Buyer) as evidenced by Prudential of a disaster under such BCP; (vi) reinstate all Critical Business Applications upon the declaration of such a disaster within seventy-two (72) hours any unfulfilled Order and in accordance with the BCP; and (vii) reinstate all other Services upon the declaration terms of such a disaster within the time frames specified in the BCP. If Critical Business Applications are not reinstated within seventy-two (72) hours or if the other Services are not reinstated in accordance with the time frames in such BCP, Prudential may terminate this Engagement Schedule immediately upon notice to vendor. In the event of such a disaster, Vendor will not increase its Fees under this Engagement Schedule or charge Prudential any additional or other fees or amountsAgreement. 12.3 If a disaster prevents, hinders or delays performance of the Services for more than seventy-two (72) hours, Prudential may procure such affected Services from an alternate source, and vendor will promptly reimburse Prudential for all costs and expenses incurred by Prudential in procuring the Services during the pendency of the disaster, to the extent that those costs and expenses exceed Vendor's Fees hereunder for such Services. 12.4 In addition to the health crisis provision set forth in the Agreement, vendor will adhere to any and all other pandemic and crisis management procedures described in Attachment H or as otherwise set forth in this Engagement Schedule.

Business Continuity Plan. 12.1 [INTENTIONALLY LEFT BLANK](a) EVERTEC acknowledges that it is responsible for maintaining in effect at all times during the term of this Agreement an appropriate Business Continuity Plan. 12.2 Following implementations (b) EVERTEC represents, warrants and covenants as follows: (i) EVERTEC has, as of vendor's BCP in accordance with the Effective Date, and shall at all times maintain the necessary resources and capabilities to perform its obligations under this Engagement Schedule and the Agreement, Vendor will: including during the implementation of its Business Continuity Plan; (ii) EVERTEC has a Business Continuity Plan that addresses the continuation of its obligations under this Agreement in cases of an Event, including the backing up of information and maintaining disaster recovery and contingency plans; (iii) EVERTEC will maintain its Business Continuity Plan in compliance with applicable Legal Requirements; and (iv) EVERTEC shall exercise Best Efforts to resume the affected obligations under this Agreement within the recovery time requested by BPPR. Any terms and conditions for a particular obligation that the parties desire to include in EVERTEC’s Business Continuity Plan will be agreed to by the parties. (ii) EVERTEC will (i) periodically update and test the operability of the BCP during every Contract Year that the BCP is fully operational, including testing of all interfacing telecommunications with Prudentialits Business Continuity Plan’s operability; (ii) provide BPPR with a copy of the Business Continuity Plan as of the Effective Date and promptly share its testing results provide BPPR with Prudentialupdated copies upon any amendment thereof; (iii) participate in Prudential's BCP implement the Business Continuity Plan upon the occurrence of an Event; and business continuation tests; (iv) certify consult with BPPR regarding services priority during pendency of an Event. (iii) Upon BPPR’s reasonable request, EVERTEC shall make available to Prudential at least twice during every Contract Year that BPPR one or more Representatives who are knowledgeable about the BCP Business Continuity Plan to respond to questions concerning EVERTEC’s Business Continuity Plan, the manner in which it is fully operational; (v) implement tested, the BCP upon results of any tests and the declaration by Prudential of a disaster under such BCP; (vi) reinstate all Critical Business Applications upon the declaration of such a disaster within seventy-two (72) hours manner in accordance with the BCP; and (vii) reinstate all other Services upon the declaration of such a disaster within the time frames specified which it would be implemented in the BCP. If Critical Business Applications are not reinstated within seventy-two (72) hours or if the other Services are not reinstated in accordance with the time frames in such BCP, Prudential may terminate this Engagement Schedule immediately upon notice to vendoran Event. In the event of such a disasterthat BPPR determines that applicable Legal Requirements necessitate additional disaster recovery services and/or modifications to EVERTEC’s existing Business Continuity Plan, Vendor will not increase EVERTEC agrees to cooperate with BPPR in assuring that its Fees under this Engagement Schedule or charge Prudential any additional or other fees or amountsBusiness Continuity Plan complies with applicable Legal Requirements with mutually agreeable terms and conditions. 12.3 If a disaster prevents, hinders or delays performance of the Services for more than seventy-two (72) hours, Prudential may procure such affected Services from an alternate source, and vendor will promptly reimburse Prudential for all costs and expenses incurred by Prudential in procuring the Services during the pendency of the disaster, to the extent that those costs and expenses exceed Vendor's Fees hereunder for such Services. 12.4 In addition to the health crisis provision set forth in the Agreement, vendor will adhere to any and all other pandemic and crisis management procedures described in Attachment H or as otherwise set forth in this Engagement Schedule.

Business Continuity Plan. 12.1 [INTENTIONALLY LEFT BLANK]17.2.1 If a business continuity event (including a Force Majeure Event) affects Service Provider's ability to provide the Services, then Service Provider shall implement the applicable Business Continuity Plan at its cost and expense (and shall immediately notify Prudential if notice is not otherwise provided pursuant to Section 17.1) and shall present to Prudential a plan as to how Service Provider shall restore the performance of the Services. Upon Prudential Contracting Party's request, Service Provider shall provide Prudential's auditors with a then-current copy of each Business Continuity Plan. 12.2 Following implementations 17.2.2 Prior to the execution of vendoran Engagement Schedule, Service Provider shall develop and submit to Prudential for Prudential's BCP approval, a Business Continuity Plan in accordance with this the terms and conditions set forth in the applicable Engagement Schedule and the Agreement, Vendor willSchedule. 17.2.3 Service Provider shall: (ia) periodically update and test the operability of the BCP during every Contract Year that the BCP is fully operationalBusiness Continuity Plan, including testing of all interfacing telecommunications with Prudentialbut no less than once each year; (ii) promptly share its testing results with Prudential; (iii) participate in Prudential's BCP and business continuation tests; (ivb) certify to Prudential at least twice during every Contract Year year that the BCP Business Continuity Plan is fully operational; (vc) implement the BCP Business Continuity Plan upon the declaration by Prudential either Party of a disaster under such BCPBusiness Continuity Plan; (vid) reinstate all Critical Business Applications critical applications upon the declaration of such a disaster within seventy-two twenty- four (7224) hours in accordance with the BCPBusiness Continuity Plan; and (viie) reinstate all other Services upon the declaration of such a disaster within the time frames specified in the BCPBusiness Continuity Plan or, if no time frame is specified in the Business Continuity Plan, within seven (7) days. If Critical Business Applications critical applications are not reinstated within seventytwenty-two four (7224) hours hours, or if the other Services are not reinstated in accordance with the time frames in such BCPthe Business Continuity Plan or otherwise set forth herein, Prudential may terminate this Engagement Schedule immediately upon notice to vendorService Provider without regard to the cure provisions set forth in Section 15.3.1 of the Agreement. In the event of such a disaster, Vendor will Service Provider shall not increase its Fees under this Engagement Schedule or charge Prudential any additional or other fees or amounts. 12.3 If a disaster prevents, hinders or delays performance of the Services for more than seventy-two (72) hours, . - Prudential may procure such affected Services from an alternate source, and vendor will promptly reimburse Prudential for all costs and expenses incurred by Prudential in procuring the Services during the pendency of the disaster, to the extent that those costs and expenses exceed Vendor's Fees hereunder for such Services. 12.4 In addition to the health crisis provision set forth in the Agreement, vendor will adhere to any and all other pandemic and crisis management procedures described in Attachment H or as otherwise set forth in this Engagement Schedule.Confidential-