Common use of Service Level Failures and Remedies Clause in Contracts

Service Level Failures and Remedies. In the event of a Service Level Failure, ▇▇▇▇▇▇ shall issue a credit to Organization in the amounts set out in the table below (a "Service Level Credit(s)"), provided however, that ▇▇▇▇▇▇ has no obligation to issue any Service Level Credit unless Organization: (i) reports the Service Level Failure to ▇▇▇▇▇▇ immediately on becoming aware of it; and (ii) requests such Service Level Credit in writing within ten (10) days of the Service Level Failure. Service Period Availability (as calculated in the table above) Service Level Credit (Percentage of Monthly Payment of Annual Subscription Fees) Equal to or greater than 99.5% 0% Equal to or greater than 98.5% 2% Equal to or greater than 97.5% 6% Less than 97.5% 12% Service Level Credits are not compounding and shall be limited to a maximum of twelve percent (12%) of the pro-rated portion of the Annual Subscription Fees paid by Organization for the Services applicable to the calendar month in which the Service Level Failure occurred (and in no event shall the total Service Level Credits due to Organization in any twelve (12) month period exceed 12% of the Annual Subscription Fees). Any Service Level Credit due to Organization under this Schedule “D” will be issued to Organization and applied at the time of invoicing for the next applicable invoice date. DocuSign Envelope ID: 51D35360-63FB-4886-91DF-81D9F3FC7F5A This Schedule “D” sets forth ▇▇▇▇▇▇’ obligation and liability and Organization’s sole remedy for any Service Level Failure.

Service Level Failures and Remedies. In the event of a Service Level Failure, ▇▇▇▇▇▇ shall issue a credit to Organization in the amounts set out in the table below (a "Service Level Credit(s)"), provided however, that ▇▇▇▇▇▇ has no obligation to issue any Service Level Credit unless Organization: (i) reports the Service Level Failure to ▇▇▇▇▇▇ immediately on becoming aware of it; and (ii) requests such Service Level Credit in writing within ten forty five (1045) days of the Service Level Failure. Service Period Availability (as calculated in the table above) Service Level Credit (Percentage of Monthly Payment of Annual Subscription Fees) Equal to or greater than 99.5% 0% Equal to or greater than 98.5% 2% Equal to or greater than 97.5% 6% Less than 97.5% 12% For example, in a 30 day period, if the production environment experiences more than 18 hours 6 minutes of unplanned downtime within the 720 hours of the period Organization is entitled to a 6% credit. Service Level Credits are not compounding and shall be limited to a maximum of twelve percent (12%) of the pro-rated portion of the Annual Subscription Fees paid by Organization for the Services applicable to the calendar month in which the Service Level Failure occurred (and in no event shall the total Service Level Credits due to Organization in any twelve (12) month period exceed 12% of the Annual Subscription Fees). Any Service Level Credit due to Organization under this Schedule “D” Attachment B will be issued to Organization and applied at the time of invoicing for the next applicable invoice date. DocuSign Envelope ID: 51D35360-63FB-4886-91DF-81D9F3FC7F5A This Schedule “D” Part A sets forth ▇▇▇▇▇▇’ obligation and liability and Organization’s sole remedy for any Service Level Failure. Provided that if Organization receives credits of 6% or more in two (2) or more times during a consecutive six (6) month period Organization may, at Organization’s choosing, elect to terminate this Agreement as provided under Section 8.2 of the Main Body.