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DocuSign Envelope ID: FE1E8B92-9595-4C5D-B35A-2BA611765673 <br /> Uptime Percentage first drops below 99.95%. To be deemed valid, your <br /> request must include (i) the dates and times of each period of Cloud Service <br /> unavailability upon which your request is based; (ii) the instance names of the <br /> affected Cloud Servers; and (iii) a description of any events from the Cloud <br /> Services portal that may have indicated a system-wide unavailability during <br /> the stated dates and times. If your Uptime Percentage is confirmed by us to <br /> be less than 99.95% for the Service Year, we will issue a service credit during <br /> the billing cycle following the month in which we determine that you are <br /> eligible for one. All service credits will be applied to fees due from you to us <br /> for Cloud Services; we will not pay any service credit to you as a refund. If you <br /> fail to provide us with a valid request, you will not be eligible for a service <br /> credit. Our calculation of your Uptime Percentage and all service credits will <br /> be based on our records and data. Any dates and times that you previously <br /> reported that led to a successful service credit claim cannot be used for future <br /> claims. (d) LIMITATION. THE SERVICE CREDITS DESCRIBED IN THIS SLA <br /> ARE YOUR SOLE AND EXCLUSIVE REMEDY FOR THE UNAVAILABILITY <br /> OF A CLOUD SERVER. <br /> 11 . Miscellaneous <br /> a. Notice and Demands. Notice, demand, or other communication mandated <br /> to be given by this Agreement by either party to the other shall be sufficiently <br /> given or delivered if it is sent by registered or certified mail, postage prepaid, <br /> return receipt requested or delivered personally. Unless Provider is otherwise <br /> notified in writing, the Client's address for notice purposes shall be Client's <br /> address provided as part of Client's billing information. <br /> b. Governing Law; Forum Selection. This Agreement shall be governed <br /> exclusively by the laws of the State of North Carolina, without regard to its <br /> conflicts of laws principles. The parties irrevocably agree and consent that <br /> said forum is convenient and has jurisdiction to hear and decide any such <br /> action. <br /> c. Compliance with Laws. Client shall use the Services in accordance with any <br /> and all applicable local, state, and federal laws. <br /> d. Headings. The paragraph headings in this Agreement are for convenience <br /> only and they form no part of the Agreement and shall not affect the <br /> interpretation thereof. <br /> e. Severability. If any provision of this Agreement shall be held illegal, void, or <br /> unenforceable, the remaining portions shall remain in full force and effect. <br />