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Docusign Envelope ID: 9BDBD300-F972-4CC8-8D30-40FE04AAD195 <br />`/ Peregrine <br />• Factors outside of Peregrine's reasonable control, including but not limited to Force Majeure Events <br />as defined in the Agreement; <br />• End User's use of the Service in a manner inconsistent with Peregrine's published documentation or <br />reasonable instructions; <br />• End User's failure to maintain a supported environment as described in the End User <br />Responsibilities; <br />• Failures of End User's internet connectivity, network, hardware, software, or other third -party <br />services or technology not provided by Peregrine; <br />• Beta features, pre-release functionality, custom development, or experimental features; <br />• Scheduled Maintenance or Emergency Maintenance; <br />• End User -requested downtime or suspension of Service. <br />10. Remedies and Limitations <br />Peregrine will use commercially reasonable efforts to meet the service level commitments set forth in <br />this SLA. In the event Peregrine fails to meet the Availability commitment or response targets specified <br />herein, End User's sole and exclusive remedy shall be for Peregrine to use commercially reasonable <br />efforts to restore the Service to the applicable standards. <br />Peregrine does not guarantee uninterrupted or error -free operation of the Service. Service credits, <br />refunds, or other remedies shall not apply unless expressly set forth in the Agreement or a separately <br />executed Sales Agreement. <br />In no event shall Peregrine be liable for any damages, penalties, or remedies arising out of or relating to <br />Service availability or support commitments beyond those expressly set forth in this SLA. For Severity 1 <br />(Critical) Incidents, Peregrine's commitment is to exercise continuous best efforts to achieve the <br />targeted response, workaround, and resolution timeframes, but Peregrine does not warrant that such <br />timeframes will always be achieved or that uninterrupted Service will be maintained. <br />11. General Terms <br />Incorporation into Agreement. This SLA is incorporated into and forms part of the Agreement. All terms <br />and conditions of the Agreement apply to this SLA, including without limitation limitations of liability, <br />disclaimers, and dispute resolution provisions. <br />Termination of SLA. This SLA shall terminate automatically upon the expiration or termination of the <br />Agreement. No service levels or related obligations under this SLA shall survive the termination or <br />expiration of the Agreement. <br />Modifications. Peregrine may modify the terms of this SLA from time to time to reflect changes in the <br />Service, improvements in industry standards, or changes in operational practices. Any modifications will <br />apply prospectively and will become effective upon reasonable notice to End Users or as otherwise <br />specified in the Agreement. <br />