Orange County NC Website
Browse       Search
A PatagoniaHealth <br /> http:/Iwww.pat,agoniahealth.com <br /> MUM tu I i i • <br /> business 4 business 8 business 24 business <br /> hours or less hours or less hours or less hours or less <br /> 2 business 2 business 2 business <br /> hours or less hours or less hours or less, if <br /> 2 <br /> ho <br /> N <br /> b <br /> u <br /> JA <br /> u <br /> r <br /> S <br /> S <br /> 2 bu in <br /> I <br /> hour <br /> u <br /> NJA� C <br /> applicable <br /> 2 business 4 business 48 business Next release <br /> hours or less hours or less hours or less cycle or less <br /> Phone hone or email Phone or email Phone or email Phone or email <br /> • or feedback or feedback or feedback <br /> app app app <br /> D. Limited Remedies <br /> a. Service Credit: For each instance of Patagonia Health's failure to meet System <br /> Availability in a complete calendar month, Patagonia Health will be required to refund to <br /> customer the prorated amount of Unplanned Downtime experienced calculated from the <br /> annual fees paid by the customer to Patagonia Health. <br /> b. Termination rights: In the event Patagonia Health fails to meet the System Availability <br /> Objective for 4 consecutive months during a 12 month period, customer may terminate <br /> agreement upon 90 days written notice. <br /> c. Sole and exclusive Remedies: The service credit and termination rights described in this <br /> section D. are customer's sole and exclusive rights and remedies for Patagonia Health's <br /> failure to meet any of the requirements set forth in this agreement. <br /> E. System Availability Exceptions <br /> Unlike client-server systems that provide service level agreements, Internet services are routinely <br /> impacted by events that cannot be controlled and may negatively impact System Availability. Each <br /> party will make commercially reasonable efforts to communicate any Unplanned Downtime as soon <br /> as possible using the escalation contacts established. Accordingly, the occurrence of any one of the <br /> following events will constitute an exception to either party's obligation to meet the System Availability <br /> Objective and will be considered Permitted Downtime. <br /> i. An outage or slowdown or any kind of feed failure or feed delay that is due to the failure or <br /> non-performance of any equipment, connections, entities, individuals or services that are <br /> not under the direct reasonable control of Patagonia Health, including but not limited to, <br /> Internet Service Provider routing, third party data center or service failure, third party <br /> network errors etc. <br /> ii. Any outage or slowdown or any kind of feed failure or feed delay caused by an event that is <br /> beyond reasonable control of Patagonia Health, including, but not limited to acts of God, <br /> acts of any Government in its sovereign or contractual capacity, terrorist acts, fires, floods, <br /> snowstorms, earthquakes, epidemics, quarantine restrictions, wars, riots, rebellions, <br /> insurrections or civil unrest, strikes or other work stoppages, Internet viruses or worms or <br /> malware, hacker attacks such as Denial of Service and general Internet brown-outs, black <br /> outs and slow downs. <br /> Gll� <br /> Trade Secret—Confidential and Proprietary Information—Do Not Disclose Except for the Purpose of Evaluating this Proposal <br />