Business Continuity Regulation Form

BUSINESS CONTINUITY REGULATION FORM

This Business Continuity Regulation Form (the "Form") is entered into as of Effective Date: Month Day Year by and between Organization Name: and Regulatory Counterparty Name: .

Organization Entity Type: Corporation LLC Partnership Other

RECITALS

WHEREAS, Organization maintains operations, systems, and services that are critical to its customers and to the public interest, and it is necessary to establish and maintain robust business continuity and disaster recovery measures;

WHEREAS, Regulatory Counterparty requires Organization to adopt and implement a Business Continuity Plan that satisfies the standards set forth in this Form to reduce the risk of service disruption and to ensure timely recovery;

WHEREAS, the parties desire to document the minimum regulatory controls, reporting obligations, testing regimes and audit rights that will govern Organization's business continuity program.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Form, the following terms shall have the meanings set forth below:

"Business Continuity Plan" or "BCP" means the documented set of arrangements, procedures and technical measures maintained by Organization for response to and recovery from disruptive incidents.

"Critical Functions" means those operations, services or processes identified by Organization that, if disrupted, would cause material harm to customers, public safety, or the stability of the relevant market or sector.

2. BUSINESS CONTINUITY PLAN REQUIREMENTS

Organization shall maintain a written, tested and auditable Business Continuity Plan that:

(a) identifies Critical Functions and recovery priorities; (b) specifies Recovery Time Objectives ("RTO") and Recovery Point Objectives ("RPO") for each Critical Function; (c) documents roles and responsibilities for execution of the BCP; and (d) details communication and escalation procedures.

3. RISK ASSESSMENT AND BIA

Organization shall conduct and maintain a current formal risk assessment and Business Impact Analysis ("BIA") that identifies threats, single points of failure, likely impacts and mitigation controls. The most recent assessment was completed on: Month Day Year .

4. RECOVERY OBJECTIVES

For each Critical Function, Organization shall document the following minimum recovery objectives:

5. PLAN MAINTENANCE AND CHANGE CONTROL

Organization shall review and update the BCP at least as frequently as required by applicable law and no less often than the frequency set forth below:

6. TESTING, EXERCISES AND TRAINING

Organization shall conduct scheduled tests and exercises of its BCP, including tabletop, technical failover, and full-scale recovery exercises sufficient to validate procedures and performance to meet RTOs/RPOs.

7. NOTIFICATION AND INCIDENT REPORTING

Organization shall notify Regulatory Counterparty of any incident materially affecting Critical Functions in accordance with the timeframes below and shall provide interim and final reports as described.

8. THIRD-PARTY DEPENDENCIES

Organization shall identify and manage risks associated with third-party service providers, including contract provisions that require continuity planning, testing, and audit rights where such third parties perform Critical Functions.

9. COMPLIANCE, AUDIT AND ACCESS

Organization grants Regulatory Counterparty and its authorized agents the right to conduct audits, reviews and inspections of the BCP, supporting documentation, and test evidence. Audits shall be conducted in a manner designed to minimize operational disruption.

10. CONFIDENTIALITY AND DATA PROTECTION

All information exchanged pursuant to audits, tests, incident reporting and plan reviews shall be treated as Confidential Information of the disclosing party. Organization shall implement appropriate technical and organizational measures to protect personal and sensitive data that may be processed in connection with continuity activities.

11. ENFORCEMENT, REMEDIES AND INDEMNITY

Failure by Organization to comply with material obligations under this Form may result in remedial measures, including but not limited to mandatory corrective action plans, fines or suspension of specified services where permitted by applicable law. Organization shall indemnify and hold harmless Regulatory Counterparty for losses arising from Organization's wilful or negligent breach of the obligations set forth herein.

12. NOTICES

All notices required or permitted under this Form shall be in writing and delivered to the addresses set forth below.

13. AMENDMENTS; WAIVER; COUNTERPARTS

This Form may be amended only by a written instrument executed by authorized representatives of both parties. No waiver of any provision shall be effective unless in writing. This Form may be executed in counterparts, each of which shall constitute an original.

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: The validity, interpretation and enforcement of this Form shall be governed by the laws of the State of , without regard to conflict of laws principles.

Entire Agreement: This Form constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements and understandings related to business continuity obligations.

Severability: If any provision of this Form is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. CERTIFICATION

The undersigned authorized representatives certify that they have the authority to bind their respective parties, that the information provided in this Form is true and correct to the best of their knowledge, and that Organization shall implement and maintain the Business Continuity Plan in accordance with the terms of this Form.

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