This excerpt taken from the TRXI 10-K filed Feb 22, 2006.
15. BUSINESS CONTINUATION REQUIREMENTS.
a. Business Continuity Plan. Throughout the term of the Agreement, TRX shall maintain a business continuity plan (the Business Continuity Plan) and the capacity to execute such Business Continuity Plan, which, at a minimum, shall conform to generally accepted business continuity planning/disaster recovery industry standards. The requirements for TRXs Business Continuity Plan are included in Exhibit F (Business Continuity Plan).
b. Changes to Business Continuity Plan. Prior to implementing any change to the Business Continuity Plan that will materially alter the standards of performance (i.e., recovery time objectives) such that TRX would not be able to meet the service levels described in this Agreement, TRX will provide sixty (60) days prior written notice to AMEX in order that AMEX may review the changes and provide TRX with a list of concerns. TRX will use reasonable commercial efforts to provide a written response that addresses AMEXs concerns within ten (10) business days following receipt of such list.
c. Disaster. As part of the Services, TRX shall (i) maintain Business Continuity Plans for all service locations, (ii) update and confirm the operability of the Business Continuity Plan in effect at that time on an annual basis at minimum or when material changes occur, (iii) certify to AMEX in writing that the Business Continuity Plan is fully operational, at minimum, once per year, and (iv) within [*] hours of a Disaster, or as soon as reasonably possible, provide AMEX with notice of a Disaster and implement the Business Continuity Plan upon the occurrence of a Disaster at a TRX service location or otherwise affecting the provisions or receipt of the Services. For purposes hereof, a Disaster shall mean any Force Majeure Event, as well as any other occurrence that results in TRX being unable to provide all or substantially all the Services at any single TRX service location for a period in excess of [*]. TRX shall abide by the RTO requirements set forth in Exhibit F (Business Continuity Plan). In the event TRX provides the Services from a business recovery center for more than thirty (30) days, the parties shall meet to discuss TRXs estimate for continued use of such center and AMEX may terminate this Agreement upon thirty (30) days written notice to TRX and without regard to any cure period in Section 6(b) (Termination of Agreement) in the event AMEX has reasonable concerns regarding use of such center. In the event of a Disaster, TRX shall not increase its charges under this Agreement or charge AMEX usage fees in addition to the fees set forth in Exhibit A (Pricing).
d. Allocation of Resources. Whenever a Force Majeure Event or a Disaster causes TRX to allocate limited resources between or among TRX customers and affiliates, AMEX shall receive no lower priority than any other customer or affiliate of TRX.