Common use of Continued Provision of Services Clause in Contracts

Continued Provision of Services. 8.01 Disaster Recovery Plan. Exhibit H sets forth the procedures to be followed with respect to the continued provision of the Customer Services and the Additional Services in the event the Service Center is unavailable for use by Liberty because it has been destroyed, damaged or is otherwise not available for use (the "Disaster Recovery Plan") to such an extent that Liberty is unable to provide a substantial portion or all of the Customer Services or the Additional Services. Liberty may modify or change the Disaster Recovery Plan at any time; provided, however, that such change or modification shall be reasonably acceptable to Customer and shall not materially adversely affect Liberty's ability to restore the Customer Services or the Additional Services. Liberty shall (1) notify Customer of any material change or modification in the Disaster Recovery Plan, (2) test the Disaster Recovery Plan at least once every calendar year during the Term or the Renewal Term, (3) consult with Customer regarding the priority to be given to the Customer Services and the Additional Services during the pendency of any such disaster and (4) not be excused from implementing the Disaster Recovery Plan as a result of the events described in Section 8.02.