Common use of UPTIME REQUIREMENT Clause in Contracts

UPTIME REQUIREMENT. During the five-year operation and maintenance period, other than allowable downtime for maintenance, vandalism, and natural disasters, charging equipment must be fully operational greater than 97 percent (97%) of the time on average, annually, as per § 680.116(b) of the Federal Rule. Uptime shall be self- monitored by Consultant and reported to LADOTD/LTRC if this requirement is not met. i. LADOTD/LTRC may notify Consultant if it has reason to believe the Uptime requirement is not being met and require Consultant to develop an action plan to bring the equipment back to working condition and improve system Uptime to the required level. Consultant shall implement the action plan. ii. Material or repeated non-compliance with the Uptime requirements may be considered an event of default. Notwithstanding anything to the contrary contained this Contract, if Consultant is in default of the Uptime requirement, LADOTD/LTRC may terminate this Contract.

UPTIME REQUIREMENT. During the five-year operation and maintenance period, other than allowable downtime for maintenance, vandalism, and natural disasters, charging equipment must be fully operational greater than 97 percent (97%) of the time on average, annually, as per § 680.116(b) of the Federal Rule. Uptime shall be self- monitored by Consultant and reported to LADOTD/LTRC if this requirement is not met. i. LADOTD/LTRC may notify Consultant if it has reason to believe the Uptime requirement is not being met and require Consultant to develop an action plan to bring the equipment back to working condition and improve system Uptime to the required level. Consultant shall implement the action plan. ii. Material or repeated non-compliance with the Uptime requirements may be considered an event of default. Notwithstanding anything to the contrary contained this Contract, if Consultant is in default of the Uptime requirementrequirement and has failed to perform the requirements of any applicable plan to improve Uptime, LADOTD/LTRC may terminate this Contract.