Transport BCP Template

Transport Business Continuity Plan and Services Agreement

This Transport Business Continuity Plan and Services Agreement ("Agreement") is entered into as of by and between:

Client Name: , Address:

Service Provider Name: , Address:

RECITALS

WHEREAS, Client operates transport and logistics services that are critical to Client's commercial operations and requires a documented continuity plan to mitigate the impact of service disruptions;

WHEREAS, Service Provider possesses experience and capability to provide continuity planning, emergency transport coordination, and temporary transport services where required; and

WHEREAS, the parties wish to establish the obligations, performance standards, payment terms, and procedures for activation, testing and maintenance of the Transport Business Continuity Plan.

SCOPE OF WORK

Service Provider shall develop, implement and maintain the Transport Business Continuity Plan as described below and deliver ongoing continuity services in accordance with the terms of this Agreement.

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

BUSINESS CONTINUITY SPECIFICS

Frequency of testing:     Next scheduled test:

PAYMENT TERMS

Client shall pay Service Provider the fees and expenses for the services described in the Scope of Work as follows.

Invoices are due within days of invoice receipt. Overdue amounts shall incur interest at a rate of or the maximum permitted by law, whichever is less. Client shall also reimburse reasonable out-of-pocket expenses incurred by Service Provider in performing continuity services, provided such expenses are pre-approved in writing when required.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing prior written notice. Either party may terminate immediately for material breach if the breach is not cured within after receipt of written notice specifying the breach. Termination does not relieve Client of the obligation to pay for services performed and expenses incurred to the date of termination.

CONFIDENTIALITY

Each party acknowledges that in the course of performance it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed in connection with this Agreement, including operational plans, customer lists, pricing, security arrangements, and incident reports. Each party shall: (a) hold Confidential Information in strict confidence; (b) use Confidential Information solely to perform its obligations under this Agreement; and (c) disclose Confidential Information only to employees, subcontractors, and advisors who have a need to know and are bound by obligations of confidentiality no less protective than those herein. The obligations of confidentiality shall not apply to information that: (i) is or becomes public through no breach by the receiving party; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is received without restriction from a third party having the right to disclose; or (iv) is independently developed by the receiving party without use of Confidential Information.

INSURANCE AND INDEMNITY

Service Provider shall maintain insurance appropriate for transport continuity and emergency services, including commercial general liability and, where applicable, motor carrier liability and cargo insurance. Service Provider shall indemnify and hold harmless Client from claims arising from Service Provider's gross negligence or willful misconduct in providing services under this Agreement, subject to applicable law and any limitations agreed in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state selected by the parties at execution. The parties agree that disputes shall be resolved in the courts located in the state of jurisdiction agreed by the parties.

ENTIRE AGREEMENT

This Agreement, including any attachments and approved plans referenced in the Scope of Work, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

MAINTENANCE, UPDATES AND RECORDS

Service Provider shall maintain documented versions of the Transport Business Continuity Plan, record all activations and exercises, and provide Client with updated plan versions within business days following each scheduled review or material change.

ACKNOWLEDGEMENTS

By executing this Agreement, the undersigned representatives confirm that they are authorized to bind their respective parties and that the standards, objectives and responsibilities described in this document have been reviewed and accepted.

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