The following TMT practice note provides comprehensive and up to date legal information covering:
It is important for a business to have appropriate measures in place to ensure that it can continue to operate in the event of a disruption or disaster. In the vast majority of outsourcing arrangements, the customer is transferring the responsibility for the operation of significant parts of its business to a third party supplier for them to run on its behalf. Such transfer will include responsibility for ensuring continuity and recovery of the business. This is the purpose of the business continuity and disaster recovery (BCDR) provisions of an outsourcing agreement.
This Practice Note considers the following legal and commercial aspects of BCDR in outsourcing:
What is business continuity and disaster recovery?
Drafting the BCDR provisions
Civil Contingencies Act 2004 (CCA 2004)
For example BCDR provisions, see clause 21 and Schedule 20 of Precedent: Outsourcing agreement—long form.
BCDR covers the planning, processes and actions which must be implemented in order to ensure that an organisation can continue to do business in the event of any interruption, failure or disruption of any element of the services. The aim is to ensure that operations will continue both during and after the event or, if fully interrupted, will be recovered to an operational state within as short a time as possible. Examples of types of possible disruption range through
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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