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EnEIH <br /> ® TimeClock Plus SERVICE LEVEL AGREEMENT <br /> ® 2.2 Service Level Changes. The Parties may agree to add, delete or modify Service Levels. <br /> All such changes must be mutually agreed to in writing. <br /> 0 2.3 Downtime Incident Reporting. User may report Downtime and request Performance <br /> Credit through either of two methods: <br /> (1) Upon receipt of a written request from User for a prior calendar month requesting information <br /> regarding a specific instance of Downtime, DMI will provide User with a related incident report from <br /> which User may determine any Downtime. In order to receive a Performance Credit in connection <br /> with a particular instance of Downtime listed on such incident report, User must notify DMI within thirty <br /> ® (30)days from the time User receives the incident report. <br /> ® (2) User may, without requesting an incident report, report Basic Service Level Failures and/or Critical <br /> ® Service Level Failures (each as defined below)within thirty (30) days of the Unscheduled Downtime <br /> ® that is the subject of the report. DMI will use all information reasonably available to it to validate the <br /> report and make a good faith judgment as to whether to issue Performance Credit. Should DMI deny <br /> issuance of Performance Credit, User may still request an incident report for the time period in <br /> question and may notify DMI of Performance Credit due within thirty(30)days of receipt of such <br /> ® incident report. <br /> 0 Failure to comply with at least one of these two reporting methods will forfeit User's right to receive a <br /> ® Performance Credit for the applicable instance of Downtime. <br /> 0 2.4 Excused Failures. Failure to meet Service Levels will not be deemed to be a failure by <br /> © DMI if one of the following conditions exist: (i)the failure is mutually agreed not to be the fault of DMI; (ii) <br /> the failure of User to carry out relevant obligations causing the failure; (iii)failure of equipment not <br /> ® provided by or maintained by DMI or Service Provider; or(iv) Force Majeure Events. <br /> O 2.5 Performance Credits. Performance Credits shall accrue due to Basic Service Level <br /> ® Failures (defined below)and Critical Service Level Failures (defined below). All Performance Credits are <br /> cumulative and issuance of Performance Credits shall not be deemed to waive any other right of User <br /> O under the Agreement. <br /> O 2.6 Basic Service Level Failure. If, in any given month, DMI fails to meet a Basic Service <br /> ® Level (a "Basic Service Level Failure")for the services described herein, DMI shall issue one (1) <br /> Performance Credit to User for every hour of Downtime (not to exceed User's normal recurring monthly <br /> ® fee), which may, in DMI's sole discretion, either be paid to User in a cash payment to be received within <br /> ® thirty(30)days of any such request or be applied to the next billing period's charges. <br /> O 3 SERVICE LEVEL METRICS /PROBLEM RESPONSE TIME <br /> O In addition to any Service Levels described in detail in the Purchase Order, and unless these Service <br /> O Levels are expressly modified in the Purchase Order, the following Service Levels are deemed to be <br /> default metrics and will apply to the Agreement. <br /> O 3.1 Availability. The Services shall be online and available 99.86 % of the time, <br /> excluding Exempt Downtime, as calculated for each calendar month. <br /> O 3.2 Incident Response Time. <br /> ® • Severity 1 incidents acknowledged in 15 minutes and DMI will begin resolution <br /> activities within 1 hour. <br /> 0 <br /> 0 <br /> 0 <br /> 0 <br /> 0 <br />