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<br /> <br />“C” - 1 <br />SCHEDULE “C” <br />SERVICE LEVELS <br />BiblioCommons will use commercially reasonable measures to make the Core, Web and Events services available with a <br />minimum uptime standard of 99.5%, excluding scheduled maintenance windows or any unavailability resulting from a <br />Subscriber’s applications, equipment, facilities, or employees. <br />Service Unavailability <br />At the request of the Subscriber, BiblioCommons will calculate Subscriber’s Service Unavailability for the previous month. <br />“Service Unavailability” consists of the number of minutes that the Core Service was not available to Subscriber, and <br />includes any unavailability associated with any unscheduled maintenance. Outages will only be counted if Subscriber <br />notifies BiblioCommons within five business days of the outage. <br /> <br />Service Unavailability will not include: <br />a) any scheduled maintenance; <br />b) any unavailability resulting from a Subscriber’s applications, equipment, facilities, or employees; <br />c) any acts or omissions of Subscriber, or any use or user of the Service authorized by Subscriber; and <br />d) any event outside the commercially reasonable control of BiblioCommons and Force Majeure events as defined in <br />the Agreement. <br /> <br />Remedy <br />Subscriber’s exclusive remedy for a failure of the Service shall be that for any continuous period of 24 hours or more of <br />Service Unavailability, at Subscriber’s request, Subscriber’s Term shall be extended for one additional week without <br />additional charge. <br /> <br />Scheduled Maintenance <br />The Subscriber acknowledges that the Service may not be available to Subscriber and Authorized Patrons during scheduled <br />maintenance. For the purposes of this paragraph, “Scheduled Maintenance” only refers to planned, routine maintenance <br />carried out by BiblioCommons that has the effect of significantly limiting the functions of the Service available to Subscriber <br />and Authorized Patrons. <br /> <br />BiblioCommons shall limit Scheduled Maintenance to ten hours per month and shall make reasonable efforts to notify <br />Subscriber of Scheduled Maintenance not less than twenty-four hours in advance. <br /> <br /> <br />Docusign Envelope ID: 49D5B7A4-3432-4225-B626-F266F1A79679