Common use of Multiple Disaster Protection Clause in Contracts

Multiple Disaster Protection. o Multiple Disasters The Eligible User‘s rights of immediate and exclusive use of the Recovery Services, as provided in the Eligible User‘s agreement shall be subject to the possibility that one or more other Eligible Users (―other affected Eligible Users‖) could declare a disaster at the same time as (or before or after) the Eligible User and require use of the same Recovery Resources at the same time as the Eligible User (―Multiple Disaster‖). The following provisions are intended to avoid or minimize contention for Recovery Resources during Multiple Disasters. o Access and Use Procedures  Access to and use of Recovery Resources during multiple disasters shall depend upon whether the Recovery Resources are Priority Resources or Shared Resources and, with respect to Priority Resources, in the order in which disasters are declared. Service Provider shall maintain records of its receipt of disaster declarations, which shall be the exclusive basis for determining the order in which disasters are declared.  If a Multiple Disaster is widespread or extreme, then, notwithstanding the foregoing provisions, Service Provider may implement emergency procedures that are necessary, in Service Provider‘s reasonable judgment, to allocate Recovery Resources in order to satisfy the critical needs of affected Eligible Users, applicable national security interests and comparable concerns. o To lower the probability of a Multiple Disaster, Service Provider shall comply with the following terms  No other Eligible User shall be granted any greater rights of access to or use of the Recovery Resources than are granted to the State under this Contract.  No Contract to provide use of any Recovery Resources shall be entered into at a time when the State location to be serviced is then currently experiencing a disaster. o For Center-Based Recovery Services, Service Provider also shall comply with the following:  To discourage unnecessary disaster declarations, the Contractor may charge the Eligible User Disaster Declaration Fees, as provided in the Eligible User‘s agreement. Disaster Declaration Fees may be charged whenever an Eligible User declares a disaster. o In the event that an Eligible User declares a Disaster, a maximum of twenty- five percent (25%) of the Disaster Declaration Fee shall be applied toward each of the first four (4) days of the Daily Usage Fee, provided that the total amount applied does not exceed the Disaster Declaration Fee.  To discourage unnecessary use of the Recovery Resources, Daily Usage Fees, may be charged for use of the Recovery Resources other than for tests. o Crisis Management Whenever Service Provider learns of an approaching storm or other situation that might cause a Multiple Disaster, Service Provider shall monitor the situation and use commercially reasonable efforts to coordinate contingency plans with all potentially affected Eligible Users. Contingency plans must have been developed by the Eligible User either separately or with the Service Provider in advance and the Service Provider must have a copy on file that includes, at a minimum, the following:  Damage Assessment and Control Plan  Crisis Team Member Role Assignment  Crisis Command Centre Location and Operation  Media Management Guidelines  Legal Decisions  Human Resource Management  Effective Information Dissemination  Action Initiation, Management and Logging  Crisis Management Requirements Analysis  Crisis Management Planning Workshops (held prior to a disaster)  Crisis Management Scenario Testing Workshops (held prior to a disaster)  Crisis Management Implementation & training  Stakeholder and Media Communications Plans  Crisis Management Plan maintenance & review.

Multiple Disaster Protection. o Multiple Disasters The Eligible User‘s rights of immediate and exclusive use of the Recovery Services, as provided in the Eligible User‘s agreement shall be subject to the possibility that one or more other Eligible Users (―other affected Eligible Users‖) could declare a disaster at the same time as (or before or after) the Eligible User and require use of the same Recovery Resources at the same time as the Eligible User (―Multiple Disaster‖). The following provisions are intended to avoid or minimize contention for Recovery Resources during Multiple Disasters. o Access and Use Procedures  ▪ Access to and use of Recovery Resources during multiple disasters shall depend upon whether the Recovery Resources are Priority Resources or Shared Resources and, with respect to Priority Resources, in the order in which disasters are declared. Service Provider shall maintain records of its receipt of disaster declarations, which shall be the exclusive basis for determining the order in which disasters are declared.  ▪ If a Multiple Disaster is widespread or extreme, then, notwithstanding the foregoing provisions, Service Provider may implement emergency procedures that are necessary, in Service Provider‘s reasonable judgment, to allocate Recovery Resources in order to satisfy the critical needs of affected Eligible Users, applicable national security interests and comparable concerns. o To lower the probability of a Multiple Disaster, Service Provider shall comply with the following terms  ▪ No other Eligible User shall be granted any greater rights of access to or use of the Recovery Resources than are granted to the State under this Contract.  ▪ No Contract to provide use of any Recovery Resources shall be entered into at a time when the State location to be serviced is then currently experiencing a disaster. o For Center-Based Recovery Services, Service Provider also shall comply with the following:  ▪ To discourage unnecessary disaster declarations, the Contractor may charge the Eligible User Disaster Declaration Fees, as provided in the Eligible User‘s agreement. Disaster Declaration Fees may be charged whenever an Eligible User declares a disaster. o In the event that an Eligible User declares a Disaster, a maximum of twenty- five percent (25%) of the Disaster Declaration Fee shall be applied toward each of the first four (4) days of the Daily Usage Fee, provided that the total amount applied does not exceed the Disaster Declaration Fee.  ▪ To discourage unnecessary use of the Recovery Resources, Daily Usage Fees, may be charged for use of the Recovery Resources other than for tests. o Crisis Management Whenever Service Provider learns of an approaching storm or other situation that might cause a Multiple Disaster, Service Provider shall monitor the situation and use commercially reasonable efforts to coordinate contingency plans with all potentially affected Eligible Users. Contingency plans must have been developed by the Eligible User either separately or with the Service Provider in advance and the Service Provider must have a copy on file that includes, at a minimum, the following:  ▪ Damage Assessment and Control Plan  ▪ Crisis Team Member Role Assignment  ▪ Crisis Command Centre Location and Operation  ▪ Media Management Guidelines  ▪ Legal Decisions  ▪ Human Resource Management  ▪ Effective Information Dissemination  ▪ Action Initiation, Management and Logging  ▪ Crisis Management Requirements Analysis  ▪ Crisis Management Planning Workshops (held prior to a disaster)  ▪ Crisis Management Scenario Testing Workshops (held prior to a disaster)  ▪ Crisis Management Implementation & training  ▪ Stakeholder and Media Communications Plans  ▪ Crisis Management Plan maintenance & review.