Business Disruption Plan

Business Disruption Plan and Continuity Agreement

Company Name:    Counterparty Name:

Recitals

WHEREAS, Company Name acknowledges that interruption to critical business functions may cause significant financial loss, reputational harm, and regulatory exposure; and

WHEREAS, Counterparty Name provides services, facilities, or access that are material to the Company Name's operations and both parties desire to define responsibilities, recovery objectives, and communication protocols in the event of a disruption; and

WHEREAS, the parties intend for this Business Disruption Plan and Continuity Agreement to allocate duties, define recovery milestones, and provide a binding framework for performance following an interruption.

Scope of Work

Recovery Objectives and Resources

Recovery Time Objective (RTO):    Recovery Point Objective (RPO):

Communication and Notification

Role:    Phone:    Email:

Data Protection and Backups

Backup Frequency:    Backup Storage Location:

Payment Terms

Fee for Plan Maintenance and Activation: $

Late Fee: on overdue amounts until paid in full.

Term and Termination

Effective Date:    Expiration Date:

Either party may terminate this Agreement for material breach if the breaching party fails to cure within the notice period specified above. Termination does not relieve either party of obligations accrued prior to termination.

Confidentiality

Each party acknowledges that, in performing its obligations under this Agreement, it may receive Confidential Information of the other party. Confidential Information shall include trade secrets, business and financial information, system designs, and any information reasonably understood to be confidential. The receiving party shall:

1. Use Confidential Information solely to perform obligations under this Agreement;
2. Not disclose Confidential Information to third parties except to employees, contractors, or advisors with a need to know who are bound by comparable confidentiality obligations; and
3. Implement commercially reasonable administrative, technical, and physical safeguards to protect Confidential Information.

Exceptions include information that is or becomes publicly available through no fault of the receiving party, or information independently developed by the receiving party without use of Confidential Information.

Allocation of Liability

The parties agree that each party's liability for damages arising from performance under this Agreement shall be limited to proven direct damages and shall exclude incidental, consequential, and punitive damages to the fullest extent permitted by law, except for damages arising from willful misconduct or gross negligence.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict-of-law rules.

Entire Agreement

This Agreement, together with any appendices and written amendments executed by both parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, and communications, whether written or oral.

Amendments and Exercises

Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

Sign Now