Common use of EVENTS INCLUDED Clause in Contracts

EVENTS INCLUDED. Many events and situations (threats) can impact the operation of automated information systems. These threats normally take the shape of environmental influences or internal system abnormalities. Most emergency situations would be environmental in nature such as fire or natural disaster. The primary concern is long-term power outages caused by fire, water damage due to flooding or sprinkler systems, or natural disasters resulting in damage which would require extensive restoration (greater than one week [5 working days]). a. The greatest potential for damage by environmental means comes from Hurricanes which are prevalent in this geographical area for nearly 6 months during the calendar year (June to November). Because the physical location of HJG is below sea-level and electrical power and telephone lines are primarily above ground, these assumptions can be made about the aftermath of a hurricane:\ (1) Physical access to our Building may be denied or limited for at least one week due to debris. Access could also be denied because of hazardous material expelled from blown transformers, leaking natural gas, or other sources. (2) Electrical power/telecommunications may not be restored for up to several months. (3) Access may be indefinitely denied in the event of levy breakage along the Mississippi river in the New Orleans area. b. The next threat is fire (whether the damage occurs from fire, smoke, or water). These assumptions can be made: (1) Systems exposed directly to fire or extreme heat will be damaged beyond repair and hard drives may not be recoverable. (2) Systems inadvertently left powered-up during a fire evacuation or left with the power on after normal working hours will be damaged beyond repair due to electrical arcing and hard drives may not be recoverable. (3) Systems not visibly damaged will be inoperable during a two to three day dry out period if the space was exposed to water.

Appears in 5 contracts

Sources: Internet Services Agreement (Local Matters Inc.), Internet Services Agreement (Local Matters Inc.), Internet Services Agreement (Local Matters Inc.)