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In the event of an unrecoverable, localized disaster, such as an equipment malfunction, the <br />customer's hosted solution would be restored to a standby server and any lost data would be <br />restored from the nightly backups. Should we experience a disaster that would affect the entire data <br />center, operations would be temporarily relocated to our corporate datacenter located at our <br />Headquarters in Inwood, WV. <br />3. Service Level. <br />TLC will use its best efforts to provide the Hosting Services and to establish, operate, and maintain <br />the Hosted Solution in accordance with this Hosting Services Agreement. TLC's obligations under <br />this Hosting Services Agreement are subject to materials and services provided by equipment, <br />telecommunications and/or other suppliers and to delays by or actions of Institution or third parties. <br />The Library acknowledges that the Hosting Services may be subject to temporary interruptions due <br />to causes beyond TLC's reasonable control, and such temporary interruptions will not be deemed <br />to be a breach of any obligations under this Hosting Services Agreement. <br />4. Uptime Commitment <br />TLC will use its best efforts to ensure that the Hosted Solution is available 99.9% of the time (the <br />"Uptime Commitment"). The Uptime Commitment will be measured as follows: <br />Uptime Commitment= (T-P-D)/(T-P) * 100% <br />T = the total number of minutes in the respective month <br />P = planned outages (which will not exceed four (4) hours per month), telecommunications or power <br />disruptions caused by third parties, any other causes beyond TLC's reasonable control, and <br />excluding other times described herein. <br />D = the total number of minutes of unplanned downtime in the month. <br />TLC agrees to notify the Library promptly of any factor, occurrence, or event coming to its <br />attention that may affect TLC's ability to meet the Uptime Commitment, or that is likely to cause <br />any material interruption or disruption of the Hosting Services. <br />Notice of scheduled maintenance shall occur 3 days prior to scheduled downtime. <br />In the event planned emergency maintenance is required, TLC will make best efforts to notify the <br />Library as soon as possible in advance. <br />In the event of a disaster at TLC's Host Location data center, TLC will restore Hosting Services at <br />our corporate datacenter located at our Headquarters in Inwood, WV. <br />5. Hosted Solution Performance and Response Time Warranties, Testing, and Remediation <br />TLC agrees and warrants that: <br />a. The Software, System, Hosting Services, and Hosted Solution will perform substantially in <br />accordance with the Contract Documents and this Hosting Services Agreement, and if the <br />City of Santa Ana <br />Page 20 <br />25B-22 <br />