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Hosted Solution fails to perform within the response -time performance levels or functions and <br />capabilities described herein, then TLC will make whatever enhancement to the Hosted <br />Solution that is necessary to provide the contracted levels of performance and functionality as <br />specified by this Hosting Services Agreement within a reasonable time frame and at no cost <br />to the Library. <br />b. During operation of the Hosted Solution under normal business conditions during hours of <br />operations of Library in which the activities of users are not scripted to create pre -defined <br />transaction mixes for purposes of stress -testing licensed software or the response -time <br />performance or capacity of the licensed software, the Hosted Solution shall perform <br />transactions with average response times of <2 seconds as measured at workstations <br />connected to the Hosted Solution server at the Host Location. <br />C. On demand during the term of this Hosting Services Agreement, a thirty (30) minute response <br />time test can be conducted by the Library to determine whether the Hosted Solution is meeting <br />response times of 52.5 seconds at the Library's locations for transactions using one (1) to <br />three (3) workstations connected to the Hosted Solution. <br />d. If the Library determines that the Hosted Solution is performing transactions at a Library site <br />with an average response time of >2.5 seconds, then TLC shall measure performance of <br />transactions at the Host Location and if the average response time of the Hosted Solution is <br />found to be >2 seconds, then TLC will make whatever enhancement to the Hosted Solution <br />that is necessary to provide average response times of 52 seconds as measured at <br />workstations connected to the Hosted Solution server at the Host Location. <br />6. Acceptance of the System, Hosted Solution, and Hosting Services <br />a. TLC agrees that the Library may test the performance of the System, Hosted Solution, and <br />Hosting Services for an Acceptance Test Period of thirty days from the Installation Date and <br />notify TLC of any non-conformance in performance of the Hosted Solution with the <br />functionality and response times as specified in the Contract Documents and this Hosting <br />Services Agreement. <br />b. If, during the Acceptance Test Period the Library so notifies TLC of any such nonconformance, <br />TLC shall use its best efforts to resolve each non-conformance, and the Acceptance Test <br />Period will then be re -started, during which Library may begin again testing of the Hosted <br />Solution for thirty days from that time. Such testing will continue until the Library notifies TLC <br />that the Hosted Solution is acceptable or until the Acceptance Test Period has expired without <br />notification by the Library to TLC of a non-conformance. <br />City of Santa Ana <br />Page 21 <br />25B-23 <br />