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Schedule D <br /> TSL Service Level Agreement <br /> System Uptime Guarantee-Service Credits <br /> Percentages of Software Availability in a Month apply 24 hours per day, 365 days a year. <br /> Software Availability is defined as the ability of a user within the City of Everett to connect and access <br /> the software. <br /> Upon the City's notice that the Software Availability fell below the monthly percentages below and <br /> TSL's confirmation of the validity of the request for credit, TSL will issue the following credit or refund <br /> on all fees for that month: <br /> Software Availability in a Month Credit or Refund <br /> 99.90% or more 0% <br /> 99.89% to 99.00% 5% <br /> 98.9% to 98.0% 10% <br /> 97.9% to 97% 15% <br /> The following conditions are specifically excluded from the calculation of Service Availability: <br /> • A problem with Clients network, Internet connection or private network connection which prevents <br /> you from reaching the site; <br /> • Previously scheduled maintenance <br /> • Urgent "hot fix" installations <br /> • Problems connecting to the Service due to 3rd party software installed on Clients network or PC <br /> • The period of time during which disaster recovery is in effect <br /> • Any circumstances beyond TSL's reasonable control as stated in section 1.2 (Availability) and 7.4 <br /> (Force Majeure) of the TSL Client Agreement <br /> Maintenance Downtime <br /> All maintenance by TSL that may cause Downtime must be performed (a) between the hours of 6:00 <br /> PM PST and 6:00 AM PST or (b) on weekends. TSL shall provide platform notification of such <br /> Downtime. <br /> Notice of Major Upgrades and System Enhancements <br /> TSL shall provide platform notification of any major upgrades or system enhancements that may affect <br /> the use of the system by City users. TSL will provide a list of material changes to the system due to a <br /> major upgrade or a specific system enhancement that will affect the use of the system by City users. <br /> TSL will provide the opportunity for City Training Administrators to obtain additional training to address <br /> the changes being implemented. <br /> TSL Client Agreement with City of Everett 10 Rev P—Revised Date 04/10/2018 <br />