Common use of Data Center Services Clause in Contracts

Data Center Services. a. System Maintenance. CONTRACTOR will provide Licensed Software upgrades and enhancements at the same time as generally available to other licensees, or when required by law, whichever is earlier. CONTRACTOR is responsible for installing upgrades and enhancements for the LAFD's use at no charge to the LAFD. b. System Access Level. CONTRACTOR is not responsible for loss of access to the Data Center for reasons that are beyond CONTRACTOR's reasonable control. With the exception for loss of access that is beyond CONTRACTOR's reasonable control, CONTRACTOR shall maintain a level of access to the Data Center (excluding periods of emergency maintenance) of 99.8% Access Availability twenty-four (24) hours a day, seven (7) days a week, including holidays. System Access Unavailable is defined as the reported unscheduled inability of all subscribed users of LAFD to access the Data Center and verification that the problem is within the Data Center. Total System Access Unavailable minutes are calculated by adding the period of time beginning when the LAFD reports System Access Unavailable to CONTRACTOR's Solution Center and ending when CONTRACTOR's Solution Center corrects the unavailable status and closes the incident with LAFD. If the LAFD does not initiate a Solution Center call, CONTRACTOR will not be obligated to issue a Credit for the System Access Unavailability. CONTRACTOR will compute any System Access Unavailability on a quarterly average basis and apply a System Access Unavailable Credit to the next LAFD invoice in the event that the stated Access Availability commitment was not met. This occurs on a prorated basis limited to the maximum of the total invoice charges based on the total billing period. System Access Unavailable Credits will not be given for events occurring during any period in which the LAFD's account has an undisputed past due balance or the LAFD is otherwise in breach of this Agreement. The System Access Unavailable Credit will be calculated according to the following schedule: System Access Levels System Access Unavailable Credits 99.50% to 99.79% 1 day credit 98.50% to 99.49% 2 days credit 97.50% to 98.49% 1 week credit 96.50% to 97.49% 2 weeks credit 0% to 96.49% 1 month credit c. Backups. Backups of hosted applications and data are performed on a weekly (full) and nightly (incremental) basis. Backups will be scheduled at times so as to provide minimal impact to the d. LAFD's business activity. CONTRACTOR will maintain a copy of at least one full backup copy until after the next [daily/weekly] backup is performed. Backup will be maintained on a rolling basis and CONTRACTOR will not be responsible for archiving more than the most recent full (daily or weekly) backup. CONTRACTOR will take commercially reasonable steps to maintain data integrity in any backup. e. Disaster Recovery Plan. CONTRACTOR shall have a disaster recovery and business restoration plan in place. CONTRACTOR shall test disaster recovery capabilities annually to ensure that data can be retrieved and made available to the LAFD. Disaster test reports shall be submitted to the LAFD for review. The LAFD may audit the data backed up as well as the disaster recovery and business restoration plan annually.

Data Center Services. a. System Maintenance. CONTRACTOR will provide Licensed Software upgrades and enhancements at the same time as generally available to other licensees, or when required by law, whichever is earlier. CONTRACTOR is responsible for installing upgrades and enhancements for the LAFD's use at no charge to the LAFD. b. System Access Level. CONTRACTOR is not responsible for loss of access to the Data Center for reasons that are beyond CONTRACTOR's reasonable control. With the exception for loss of access that is beyond CONTRACTOR's reasonable control, CONTRACTOR shall maintain a level of access to the Data Center (excluding periods of emergency maintenance) of 99.8% Access Availability twenty-four (24) hours a day, seven (7) days a week, including holidays. System Access Unavailable is defined as the reported unscheduled inability of all subscribed users of LAFD to access the Data Center and verification that the problem is within the Data Center. Total System Access Unavailable minutes are calculated by adding the period of time beginning when the LAFD reports System Access Unavailable to CONTRACTOR's Solution Center and ending when CONTRACTOR's Solution Center corrects the unavailable status and closes the incident with LAFD. If the LAFD does not initiate a Solution Center call, CONTRACTOR will not be obligated to issue a Credit for the System Access Unavailability. CONTRACTOR will compute any System Access Unavailability on a quarterly average basis and apply a System Access Unavailable Credit to the next LAFD invoice in the event that the stated Access Availability commitment was not met. This occurs on a prorated basis limited to the maximum of the total invoice charges based on the total billing period. System Access Unavailable Credits will not be given for events occurring during any period in which the LAFD's account has an undisputed past due balance or the LAFD is otherwise in breach of this Agreement. The System Access Unavailable Credit will be calculated according to the following schedule: System Access Levels System Access Unavailable Credits 99.80% to 100% Covered under Agreement 99.50% to 99.79% 1 day credit 98.50% to 99.49% 2 days credit 97.50% to 98.49% 1 week credit 96.50% to 97.49% 2 weeks credit 0% to 96.49% 1 month credit c. Backups. Backups of hosted applications and data are performed on a weekly (full) and nightly (incremental) basis. Backups will be scheduled at times so as to provide minimal impact to the d. LAFD's business activity. CONTRACTOR will maintain a copy of at least one full backup copy until after the next [daily/weekly] backup is performed. Backup will be maintained on a rolling basis and CONTRACTOR will not be responsible for archiving more than the most recent full (daily or weekly) backup. CONTRACTOR will take commercially reasonable steps to maintain data integrity in any backup. e. Disaster Recovery Plan. CONTRACTOR shall have a disaster recovery and business restoration plan in place. CONTRACTOR shall test disaster recovery capabilities annually to ensure that data can be retrieved and made available to the LAFD. Disaster test reports shall be submitted to the LAFD for review. The LAFD may audit the data backed up as well as the disaster recovery and business restoration plan annually.