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<br />GUARDIAN RFID System Agreement | 29 <br /> <br />©2020 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. <br />Confidential & Proprietary. (Rev. 7/2020) <br />2. GUARDIAN RFID ONDEMAND CLOUD SERVER UPTIME <br />(a) GUARDIAN RFID OnDemand Availability. <br />(i) Attainment Target. Subject to the terms of this Addendum C, GUARDIAN RFID has an <br />Attainment target to provide to the Customer GUARDIAN RFID OnDemand Availability of one <br />hundred percent (100%), twenty-four (24) hours per day, every day of the calendar year <br />throughout the Term. GUARDIAN RFID has set GUARDIAN RFID OnDemand Availability <br />Attainment targets and actuals under the terms of Section 2(d) of this Addendum C. <br />(ii) Calculation. The GUARDIAN RFID OnDemand Availability calculation does not include <br />Scheduled Downtime, Customer Error Incidents, Emergency Maintenance (unless <br />GUARDIAN RFID is the cause of the issue that requires Emergency Maintenance), and <br />Force Majeure Events. For the avoidance of doubt, if GUARDIAN RFID is a cause of an issue <br />that requires Emergency Maintenance, then Downtime resulting from such Emergency <br />Maintenance will be included in the calculation of Attainment. <br />(iii) Scheduled Downtime. GUARDIAN RFID will perform maintenance on GUARDIAN RFID <br />OnDemand only during limited windows that are anticipated to be reliably low-traffic times <br />based on historical information. As of the Effective Date, GUARDIAN RFID performs such <br />maintenance on Wednesdays between 12:00 a.m. and 6:00 a.m. Central time. GUARDIAN <br />RFID will provide the Customer with advance written notice of any change to the current <br />maintenance schedule. If and when any such Scheduled Downtime is predicted to occur <br />during periods of higher traffic, GUARDIAN RFID will provide advance notice of those <br />windows and will coordinate with the Customer. In instances where maintenance of <br />GUARDIAN RFID OnDemand requires Scheduled Downtime outside of the known <br />maintenance windows described in this Section, GUARDIAN RFID will provide written notice <br />to the Customer at least twenty-four (24) hours prior to any Scheduled Downtime. <br />(iv) Emergency Maintenance. If Downtime is known to be necessary to perform any Emergency <br />Maintenance, then GUARDIAN RFID will notify an appropriate Customer contact via email or <br />telephone call, a minimum of four (4) hours or as early as is reasonably practicable, prior to <br />the start of such Emergency Maintenance. GUARDIAN RFID reserves the right to perform <br />unscheduled Emergency Maintenance at any time. <br />(v) Other Maintenance. GUARDIAN RFID and the Customer agree that GUARDIAN RFID has <br />the right to perform maintenance that is designed not to impact GUARDIAN RFID OnDemand <br />Service Availability at any time. Any such scheduled maintenance will be considered <br />Scheduled Downtime and will be excluded from the calculation of Attainment. <br />(vi) Force Majeure. In the event of a Force Majeure Event affecting the GUARDIAN RFID <br />OnDemand Availability, GUARDIAN RFID will provide the Customer with a written notice of <br />the Force Majeure Event and include a description of the facts and circumstances it believes <br />supports that determination. <br />(b) GUARDIAN RFID Responsibilities Relating to GUARDIAN RFID OnDemand Availability. <br />(i) GUARDIAN RFID will monitor GUARDIAN RFID OnDemand Availability under this <br />Addendum C and will make commercially reasonable efforts to (A) address any GUARDIAN <br />RFID OnDemand Availability-related issues that impact the 100% Attainment target, and (B) <br />notify the Customer, either through automated monitoring systems or by other mutually <br />agreed-upon means, that (A) Downtime will occur, if practicable, or (b) if Downtime has <br />already occurred, promptly after it is confirmed. <br />DocuSign Envelope ID: DD745968-955D-4BC3-861E-CC4C36AA7B3D