Common use of Recovery Services Responsibilities Clause in Contracts

Recovery Services Responsibilities. Eligible User Responsibilities o By signing an agreement or any Addendum to an agreement, the Eligible User warrants that the Location specified in that agreement is not at that time experiencing a Disaster. o The Eligible User may declare a Disaster by having one of its designated representatives give notice to the Service Provider stating that a Disaster occurred, identifying the affected Location as defined in the Recovery Services agreement, and specifying which Recovery Services the Eligible User believes will be required. o In order for Service Provider to provide support to the Eligible User for a scheduled Test, all Test plans must be provided to Service Provider at least three (3) weeks prior to the Test date. Significant Changes Service Provider may change the Recovery Resources and shall give written notice to the Eligible User at least 60 days before making any significant change that might substantially and adversely impact the Eligible User. The Eligible User shall then have an adequate and reasonable number of free additional Test Periods to test the affected Recovery Services. If, in the Eligible User‘s reasonable judgment, any such change substantially and adversely impacts the Eligible User to the extent that the Eligible User cannot use the affected Recovery Services, then the Eligible User may terminate the affected Recovery Services by giving written notice to Service Provider within ten (10) days after the Eligible User first uses the affected Recovery Services for either a Disaster or Test. Standard Procedures o Both Service Provider and Eligible User shall comply with these Service Provider policies in all material respects and shall use all Recovery Resources in accordance with manufacturer specifications. o The Eligible User must notify Service Provider of Test Period cancellation within 45 days before the scheduled date. Otherwise, time will be applied against the Eligible User‘s annual allotment of Test Periods unless Service Provider is able to reschedule the cancelled Test Period(s) with another Eligible User. Special Procedures The Eligible User shall be responsible for any additional expenses reasonably incurred by Service Provider in implementing the Eligible User‘s special procedures for any special data protection or other security procedures. Mobile Resources o Title to all of the Recovery Resources used to provide Mobile Recovery Services (―Mobile Resources‖), wherever located, shall remain in Service Provider or its supplier, except for any Quick Ship Equipment as to which the Eligible User properly exercises its purchase option, if any, described in the applicable agreement. o With respect to any Mobile Resources for which the destination is not a Service Provider facility, (a) the Eligible User shall obtain or provide, at the Eligible User‘s expense, all permits, landlord consents and other authorizations, and all communications, power and other utility lines and equipment, needed to possess, locate or use the Mobile Resources at that destination, (b) the Eligible User shall be responsible for the security of the Mobile Resources at that destination, (c) the Eligible User shall not relocate the Mobile Resources without Service Provider‘s prior written consent which will not be unreasonably withheld,