Orange County NC Website
<br />9 <br /> <br /> <br />EXHIBIT A <br /> <br />Service Levels <br /> <br />The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If <br />Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by <br />such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons <br />beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and <br />Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than <br />one hour, Company will credit Customer 5% of Service fees for each period of 30 or more consecutive minutes of downtime; <br />provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with <br />notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. <br />In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, <br />and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash <br />and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any <br />event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data <br />communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide <br />adequate service levels under this Agreement. <br /> <br />DocuSign Envelope ID: 7D193E84-19B0-44EA-869F-A0805D3FC7A8