Common use of Continued Provision of Services Clause in Contracts

Continued Provision of Services. 10.1 Business Resumption Plan. Exhibit 10.1 sets forth the procedures to be followed with respect to the continued provision of the Services in the event a Service Center, including for the avoidance of doubt any call center used by TPA in providing the Services, is unavailable for use by TPA because it has been destroyed, damaged or is otherwise not available for use (the "Business Resumption Plan") to such an extent that TPA is unable to provide any or all of a portion of the Services. TPA may modify or change the Business Resumption Plan at any time; provided, however, that such change or modification shall be reasonably acceptable to the Customers and shall not materially adversely affect TPA's ability to restore the Services. TPA shall (1) notify the Customers of any material change or modification in the Business Resumption Plan, (2) test the Business Resumption Plan at least once every calendar year during the Initial Term, the Renewal Term, if any, and the Transfer Assistance Period, if any, and promptly advise the Customers of the test results, (3) consult with the Customers regarding the priority to be given to the Services during the pendency of any such disaster and (4) not be excused from implementing the Business Resumption Plan as a result of the events described in Section 10.2.