THE LIBRARY CORPORATION, INC. - Laserfiche WebLink

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