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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 /> <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 />DocuSign Envelope ID: AACA4047-6701-4848-B437-4B2E153639C0DocuSign Envelope ID: FE1E8B92-9595-4C5D-B35A-2BA611765673DocuSign Envelope ID: D10962F4-2DA8-426B-A144-3800D2C58CE0