Common use of Disaster Contingency Clause in Contracts

Disaster Contingency. Contractor agrees to have in place a Disaster Plan to ensure the safety and retrievability of existing member files for claims processing. City shall not be in default under and Contractor shall not have the right to terminate or exercise any other right or remedy under this Agreement for any delay or default by City in performing hereunder (including payment) if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, wars, insurrections, terrorist attacks or any other cause beyond the reasonable control (but only to the extent such other cause does not exceed sixty (60) days) of City (hereinafter "Disaster"). In the event of such a Disaster, Contractor agrees to continue providing members with all coverage, rights and other benefits otherwise required hereunder during the pendency of such Disaster. During such period, Contractor shall determine eligibility of members on the basis of the most recent electronic data transmitted by or on behalf of City to Contractor, subject to such modifications as may be subsequently provided to Contractor from time to time. Contractor and City acknowledge that normally-available means of transmitting such data may be disrupted as a result of any Disaster, and Contractor and City agree to cooperate, in good faith and with diligence, in order to find mutually acceptable alternative means of transmission and other communications in order to effect the intent of this Section. As soon as is reasonably practicable after a Disaster has occurred, City and Contractor shall confer to reconcile, and arrange for City's payment for, all benefits coverage provided by Contractor during the Disaster period. This provision in no way limits the rights of City or San Francisco Health Service System members to benefits coverage otherwise provided for in the Agreement or under Federal, State or local law.