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modified or refined unless amended by both Parties under a written and signed amendment. The <br />issuance of any additional terms and conditions by either Party hereto included with purchase <br />orders or other documents are null and void. In the event of any conflict between these General <br />Terms and Conditions and a provision of any Schedule, the provision of the Schedule will control, <br />but only with respect to the subject matter of the Schedule. <br />27. Service Level Agreement and Software Support <br />The Services provided by MERIDIAN under this agreement are bound by the Service Level Agreement <br />(SLA) as described herein. In the case of an SLA violation, the respective remedies described herein <br />will apply. The SLA penalty applicable in any given month is subject to a total cumulative penalty cap <br />of 10% of the current month's hosting service fees ("Service Credits"), <br />Any Service Credits due under this agreement will be credited promptly but in no event later than the <br />quarter following the calculation of the Service Credit. <br />MERIDIAN will be provided a ramp up period of ninety (90) days from software Go Live (Production <br />go live date) before any SLA requirements and subsequent remedies go into effect. <br />System Availability: will mean, with respect to any particular calendar month, the ratio obtained by <br />subtracting Unscheduled Downtime during such month from the total time (measured in minutes) <br />during such month, and thereafter dividing the difference so obtained by the total time during such <br />month. Represented algebraically, System Availability for any particular calendar month is determined <br />as follows: <br />System Availability = (Total Monthly Time — Unscheduled Downtime) <br />Total Monthly Time <br />Note: "Total Monthly Time" is deemed to include all minutes in the relevant calendar month excluding <br />minutes of downtime caused by Scheduled Downtime, only to the extent such minutes are included <br />within the Subscription Agreement Term. <br />MERIDIAN will undertake commercially reasonable measures to ensure that System Availability <br />equals or exceeds 99,70 % during each calendar month. MERIDIAN will undertake commercially <br />reasonable measures to notify CLIENT in advance of Scheduled Downtime. The timing of Scheduled <br />Downtime is subject to change at MERIDIAN's sole discretion. <br />Measurement and Reports: MERIDIAN will monitor System Availability metrics on an ongoing basis. <br />All measurements of System Availability will be calculated on a monthly basis for each calendar month <br />during the term of this agreement. MERIDIAN shall provide the System Availability report to CLIENT, <br />on an as required basis, when requested by CLIENT. This report will contain performance metrics <br />