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The Library Corporation <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 "Uptime <br />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 excluding other <br />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 attention that may <br />affect TLC's ability to meet the Uptime Commitment, or that is likely to cause any material interruption or <br />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 Library as <br />soon as possible in advance. <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 />Hosted Solution fails to perform within the response -time performance levels or functions <br />and capabilities described herein, then TLC will make whatever enhancement to the <br />Hosted Solution that is necessary to provide the contracted levels of performance and <br />functionality as specified by this Hosting Services Agreement within a reasonable time <br />frame and at no cost 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 52 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 <br />response time test can be conducted by the Library to determine whether the Hosted <br />Solution is meeting response times of s2.5 seconds at the Library's locations for <br />transactions using one (1) to three (3) workstations connected to the Hosted Solution. <br />d. If the Library determines that the Hosted Solution is performing transactions at a Library <br />site with an average response time of >2.5 seconds, then TLC shall measure performance <br />of transactions at the Host Location and if the average response time of the Hosted <br />Solution is found to be >2 seconds, then TLC will make whatever enhancement to the <br />Hosted Solution that is necessary to provide average response times of 52 seconds as <br />measured at workstations connected to the Hosted Solution server at the Host Location. <br />