Common use of INVOCATION OF THE BCDR PLAN Clause in Contracts

INVOCATION OF THE BCDR PLAN. 7.1 The Supplier shall notify HSBC immediately upon becoming aware of the occurrence of a Disaster or upon becoming aware that a Disaster is reasonably likely to occur. 7.2 HSBC may require the Supplier to invoke the BCDR Plan when HSBC becomes aware of a Disaster or becomes aware that a Disaster is reasonably likely to occur. 7.3 Subject to paragraph 8.4 of this Schedule 15 (Disaster Recovery), in the event that a Disaster occurs or is reasonably likely to occur, each party's BCDR Representative (to the extent that either representative is not available, a suitable alternative approved by HSBC) shall promptly assess the situation and agree whether the BCDR Plan should be invoked. To the extent that the parties are unable to agree, then HSBC's decision as to (i) whether a Disaster has occurred or is reasonably likely to occur, and (ii) whether the BCDR Plan is to be invoked, shall be final, and the Supplier shall immediately follow such directions. INTERNAL 7.4 If, due to the nature of the Disaster, it is impracticable or impossible for the Supplier to obtain HSBC approval before invoking the BCDR Plan (including where such approval would cause a delay in the invocation of the BCDR Plan that could pose a threat to HSBC or its business), the Supplier shall invoke the BCDR without HSBC's approval provided that HSBC shall be notified of the invocation as soon as possible. 7.5 The Supplier shall use its Best Endeavours to ensure that HSBC is involved in all key decisions concerning the application of the BCDR Plan and the restoration of the Services, and shall keep HSBC notified at all times of the progress and application of the BCDR Plan.

Appears in 2 contracts

Sources: Global Learning Services Agreement (Gp Strategies Corp), Amended and Restated Agreement (Gp Strategies Corp)