Business Capacity Plan

BUSINESS CAPACITY PLAN

Client Name:    Service Provider Name:

Plan Effective Date: Month Day Year

WHEREAS

WHEREAS, Client Name: operates business processes and seeks to document capacity and resiliency requirements to ensure continuity of operations; and

WHEREAS, Service Provider Name: has the experience, personnel, and resources necessary to assess, plan, and implement capacity improvements and contingency measures;

NOW, THEREFORE, the parties agree to the following Business Capacity Plan, which establishes the responsibilities, performance metrics, reporting, and governance for capacity management and continuity.

OBJECTIVES

The objectives of this plan are to identify current production and service capacity, define required capacity to meet business targets, allocate necessary resources, establish monitoring and reporting obligations, and prescribe actions to mitigate capacity shortfalls.

SCOPE OF WORK

CAPACITY ASSESSMENT

RISK, MITIGATION, AND CONTINGENCY

PERFORMANCE METRICS & REPORTING

PAYMENT TERMS

Compensation for services and deliverables described in this Plan shall be as follows.

All invoiced amounts are due in full pursuant to the Payment Schedule. If any amount remains unpaid after the due date, the Service Provider may suspend non-critical deliverables upon providing the notice required under Term and Termination below, and shall be entitled to recover costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

This Plan commences on Start Date: Month Day Year and shall continue until End Date: Month Day Year unless earlier terminated in accordance with this Section.

Either party may terminate this Plan for convenience upon written notice to the other party delivered at least days in advance. Either party may terminate for material breach if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that it may receive Confidential Information of the other party. Confidential Information means non-public information disclosed that is marked confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Both parties agree to hold Confidential Information in strict confidence, implement reasonable safeguards, and not use Confidential Information except for performance under this Plan.

Confidential Information shall not include information that: (a) is or becomes publicly available other than by breach; (b) was rightfully known to the recipient prior to disclosure; (c) is obtained from a third party without obligation of confidentiality; or (d) is independently developed without reference to the Confidential Information.

GOVERNING LAW

This Plan and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Plan, including any attachments and referenced schedules, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. Any amendment must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

The parties shall cooperate in good faith to implement this Plan. Neither party shall assign its rights or obligations under this Plan without the prior written consent of the other party, except to an affiliate or in connection with a merger or sale of substantially all assets, provided the assignee assumes obligations hereunder in writing.

APPROVAL

The undersigned represent and warrant that they are authorized to execute this Plan on behalf of their respective parties and that execution of this Plan is a binding obligation.

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