Reso 2013-2051 - Laserfiche WebLink

Home Browse Search

4. MEASUREMENT AND REPORTS 4.1 System Monitoring and Measurement: PALADIN will provide for monitoring of System Availability on an ongoing basis. All measurements of System Availability will be calculated on the Service Year period during the Term. This monitoring will be performed through a combination of monitoring services provided by PALADIN's hosting vendor, internal PALADIN tools, and an external web site URL monitor that validates the availability of the CLIENT's application URL. These tools are intended to serve as an initial alert to PALADIN that the system may be unavailable. PALADIN will then conduct a series of tests to confirm System Availability. • If one of the above alerting mechanisms reports that the System is unavailable and PALADIN confirms the System to be unavailable, then Unscheduled Downtime will be calculated, in 5 minute increments, as the time between when the initial notification or alert was received until PALADIN confirms System Availability has been restored. • If one of the above alerting mechanisms reports that the System is unavailable, but PALADIN's tests and assessments confirms that the System is available, then Unscheduled Downtime will be calculated as the time between when the initial notification or alert was received until PALADIN confirms System Availability has been restored if PALADIN is unable to confirm that the System was, in fact, available during period between the initial notification or alert and point at which PALADIN confirmed that the System was available. 4.2 System Performance Reports: Upon CLIENT's request and at no cost to CLIENT, PALADIN will provide standard System Availability reports to CLIENT on a quarterly basis setting forth measurements of Unscheduled Downtime and a calculation of System Availability for the relevant preceding Service Year period. CLIENT agrees that PALADIN's monitoring and measurement method and standard System Availability reports are the sole and exclusive methods of measuring System Availability under this Agreement. No other measure shall be accepted unless validated, and mutually agreed to in writing by both parties before implementation. If CLIENT disagrees with any measurement or other information set forth in any such report, it must so inform PALADIN in writing within ten (10) calendar days after receipt thereof. Accuracy of any such report shall be deemed conclusive unless such notice is provided by CLIENT. Any such notice must indicate specific measurements in dispute and must include a detailed description of the nature of the dispute. PALADIN and CLIENT agree to attempt to settle any such disputes regarding System Availability and/or related measurements in a timely manner by mutual good faith discussions. 4.3 Credits for Unscheduled Downtime: In the event PALADIN fails to meet 99% System Availability in any Service Year period, then CLIENT shall receive a credit of 5% of the Annual Subscription Service Fee. CLIENT must claim credit in writing within thirty (30) days following PALADIN's provision of the quarterly System Performance Report as set forth in Section 4.2. Credits properly claimed by CLIENT will be applied to the next renewal period's Annual Subscription Service Fee and such fee will be reduced by the amount of the credit. PALADIN's invoice for each renewal period shall reflect any credit earned during the previous subscription period and the reduction to the Annual Subscription Service Fee for the upcoming renewal period. 15 Initials — Paladin IV Client i° i'