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III.Responding to the Catastrophic EventA. Immediate ResponseThe first priority for a business faced with a catastrophic event is to make sure all of itsemployees are safe during and after the event. Depending on the nature of thecatastrophic event, businesses must ensure that their employees are following a welldesignedemergency evacuation plan to get employees out of harm’s way. Once abusiness ensures that its employees are safe, it should immediately put in place itsbusiness continuity plan, including assembling the proper pre-determined team tolaunch and implement the plan. Businesses that can resume normal operations quicklyhave a much better chance of minimizing loss and surviving.Businesses should get their in-house or outside counsel involved early after acatastrophic event for both disaster-related advice and to protect sensitivecommunications. If a business continues to operate in a limited capacity after acatastrophic event, there may be governmental, regulatory, and various legal issuesthat need to be assessed. For example, there may be OSHA, workers’ compensation,wage/hour, and health code implications if you continue to operate in a limited capacity.B. Provide Timely NoticeAs soon as practical after the catastrophic event, businesses should notify each of theirapplicable insurance carriers of the event and any known losses. Similarly, given thenotice requirement in most force majeure provisions, businesses should provide noticeof the catastrophic event and the invoking of the force majeure clause to all of theircontracting vendors, suppliers, and customers.March 5, 2015 20 @ 3-5-2015 ALFA International6427256.3/SP/00009/0099/011215

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