American Home Shield 2010 Annual Report Download - page 213

in accordance with the "Disaster Recovery Requirements" Schedule to a Transaction Document.
(b) After initial acceptance by Customer of the Disaster Recovery Plan and any related systems, Service
Provider will perform testing of the Disaster Recovery Plan at least once per Contract Year and promptly provide Customer with the
results of such tests. Customer will be permitted, in its discretion, to participate in such tests. Service Provider will select the test
times at its sole discretion. If the Disaster Recovery Plan fails to meet the success criteria set forth in the applicable "Disaster
Recovery Requirements" Schedule to any Transaction Document ("DRP Success Criteria"), Service Provider will promptly remedy
any identified failures and within thirty (30) days of the initial test, or as otherwise agreed by Customer, conduct another test of the
Disaster Recovery Plan. If, [***] (a "DR Test Failure"), then Customer may [***].
(c) Service Provider shall immediately notify Customer of the occurrence of circumstances that may constitute
a disaster. Upon Customer's determination of a disaster and request to Service Provider, Service Provider shall promptly implement
the Disaster Recovery Plan. During any disaster, Service Provider will notify Customer daily of the status of the disaster.
(d) Either Party may retain a Third Party to provide or restore Services in the event that a disaster prevents
performance of the Services in accordance with the Agreement for longer than the recovery time objectives or other time periods set
forth in the applicable "Disaster Recovery Requirements" Schedule, [***] during such time. Customer will use commercially
reasonable efforts to minimize the charges to be incurred for such replacement services. Customer will [***] during such time.
(e) Upon conclusion of a disaster, Service Provider will as soon as reasonably practicable, provide Customer
with an incident report detailing the reason for the disaster and all actions taken by Service Provider to resolve the disaster.
3.6. Additional Services.
(a) Upon the written request of Customer, Service Provider shall provide Additional Services to the Customer
Group.
(b) Within thirty (30) days of its receipt of a request from Customer for Additional Services pursuant to
Section 3.6(a), Service Provider shall prepare and deliver to Customer a written offer to perform the Additional Services in the
manner lawfully specified by Customer, which proposal shall include the following:
(i) a detailed description of the implementation services and on-going services that Service Provider
anticipates performing in connection with such Additional Services;
(ii) a commercially reasonable schedule and Transition and Transformation Plan for implementing
the Additional Services (if the Additional Services are necessary to enable the Customer Group to comply with any
Law,
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