The survivability clause ensures that certain provisions of a contract will remain in effect even after the agreement has expired or been terminated. It typically applies to obligations that are intended to extend beyond the duration of the contract, such as confidentiality, indemnity, or dispute resolution terms.
(d) Survivability and Mitigation. Eden shall monitor tree survivability at each Site using circle plot methodology and, to the extent reasonably available, drone flyover monitoring. Eden shall include survivability data for each Site in the reports delivered pursuant to Section 2.6 in accordance with the terms thereof. If the aggregate tree survivability at all Sites at which trees are planted using Contributions does not meet or exceed reasonably expected survivability standards consistent with Prudent Reforestation Practices, then: (i) if such survivability shortfall resulted from the gross negligence, fraud or intentional or willful misconduct of Eden or its Personnel, then Eden shall, at its cost, implement mitigation measures consistent with Prudent Reforestation Practices (including replanting or site expansion or relocation) to the extent necessary to meet or exceed such reasonably expected survivability standards or (ii) if such survivability shortfall resulted from any other cause (including the occurrence of a Force Majeure Event or the actions of a third party), then Eden shall notify Partner and Partner may, but shall not be obligated to, permit its Contributions (or make additional Contributions) to be used to implement such mitigation measures. For the avoidance of doubt, natural tree regeneration that is a result of Eden’s tree planting activities hereunder shall be included when measuring survivability rates. Notwithstanding anything to the contrary in this Agreement, but subject to Section 10.2(b), this Section 2.4 sets forth Eden’s only obligations with respect to any survivability shortfall.
ARTICLE 22 – SURVIVABILITY Seller’s obligations that by their very nature must survive expiration, termination, or completion of this Agreement and the Purchase Orders, including but not limited to obligations under the Termination, Release of Information, Compliance with Law, Export/Import Controls, and Electronic Transmissions provisions of this Agreement, shall survive expiration, termination or completion of this Agreement and the Purchase Orders.
Body armor, explosive ordnance disposal equipment and duty gear comprise the core product areas in the safety and survivability equipment market, and law enforcement personnel growth is a significant driver for our business. The U.S. Bureau of Labor Statistics projects the number of law enforcement personnel in the U.S. to increase at a faster rate than broader labor market growth over the 10-year period from 2019 to 2029, or 5%, from 813,500 in 2019 to 854,200 in 2029. Demand for first responder safety and survivability equipment is also fueled by increasing law enforcement budgets.
SEVERABILITY AND SURVIVABILITY The clauses and paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any term, covenant or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
13.Survivability. Section 2 (with respect to taxes), 7, 8, 9, 10, 11 and 12 hereinabove shall survive the termination or expiration of this Agreement.
Survivability refers to the ability of a system, organization, or entity to continue functioning under adverse conditions or after experiencing a disruption or attack. It encompasses not just the capacity to withstand and recover from external threats, but also to adapt and evolve in response to changing environments. In the context of businesses, information systems, or product designs, survivability is about maintaining essential operations and minimizing downtime.
Survivability is a crucial concept when designing systems or considering the long-term resilience of an organization or a product. You should consider incorporating survivability when:
To address survivability in a document or contract, you should:
Example: A comprehensive disaster recovery plan as part of business continuity documents often includes sections on data backup, off-site storage, and incident response protocols to ensure survivability.
Contracts that typically include survivability provisions are often those dealing with critical services, security, and operations continuity. These may include:
By embedding survivability within relevant contracts, organizations can ensure a proactive stance towards maintaining operational integrity and adaptability in the face of unforeseen events.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A tax disclaimer clause states that the parties to the contract are responsible for their respective tax obligations and clarifies that the company providing a service or product will not be held liable for any tax-related issues or penalties incurred by the other party. This clause ensures that each party independently handles their tax liabilities in compliance with relevant laws.
The "Tendering Party" clause refers to the party responsible for formally offering to supply goods or services as outlined in a contract. It establishes the obligations and timelines for this party to meet in ensuring that their delivery meets the contract requirements.
The "Term and Termination" clause outlines the duration of the contract and the conditions under which either party can terminate the agreement. It specifies the start and end dates of the contract, renewal options, and the process for termination, including any required notice period and potential consequences or obligations upon termination.
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