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V9 CONEXIS harn¢n rescure atop for Client. In no case shall the percentage available for Service Fee Reduction exceed 10% as indicated in the Performance Standards Exhibit for any given Calendar Quarter. 5.2 CONEXIS' Responsibilities. CONEXIS will measure its performance against all of the Performance Standards in each Calendar Quarter. CONEXIS will adopt standard processes and procedures for measuring timeliness, resolution of inquiries, call abandonment, and accuracy and all other Performance Standards described in the Exhibit. CONEXIS retains final authority for determining whether one or more Performance Standards have been met but will consider any reasonable objections made by Client within ten (10) business days of the issuance of the Quarterly Performance Report, in accordance with the Performance Standards Exhibit. In no event will CONEXIS be in breach of the Agreement into which this Exhibit is incorporated or of any standard of care solely by reason of failing to meet a Performance Standard set forth herein. On or about forty-five (45) calendar days after the end of each Calendar Quarter, CONEXIS will distribute the Quarterly Performance Report to the Client. CONEXIS will refund the Service Fee Reduction to Client for any missed Performance Standard(s) in accordance with this Performance Standards Exhibit, by applying such Service Fee Reduction as a one-time credit against future Services Fees in the following Calendar Quarter. For example, a Service Fee Reduction in the 1st Calendar Quarter of a given year would be applied to Service Fees in the 2nd Calendar Quarter. If CONEXIS is not able to perform services under this Agreement due to a force majeure event as defined in Section 4.13 or other serious event beyond its reasonable control (such as but not limited to, severe weather conditions that delay the opening or cause the closing of a CONEXIS facility), then at CONEXIS sole discretion, the standards set forth in this Exhibit shall not apply during the period that CONEXIS is unable to perform. 5.3 Client Responsibilities. Client is responsible for reviewing the Quarterly Performance Report and addressing any definitions, concerns, or objections to the contents of the Quarterly Performance Report with the appropriate CONEXIS Client Services Manager within ten (10) business days of the issuance of the Quarterly Performance Report. Client's right to any Service Fee Reduction is conditioned upon Client paying all undisputed Service Fees in that particular Calendar Quarter in full and when due, in accordance with the Agreement. In the event that a Service Fee Reduction was otherwise due but the Agreement was subsequently terminated due to failure of Client to pay all undisputed Service Fees, the Service Fee Reduction shall not be applied and CONEXIS shall be eligible to recover all undisputed Service Fees and applicable penalties and interest due without regard to the Service Fee Reduction. Client's right to any Service Fee Reduction is also conditioned on remaining an active Client on the date that CONEXIS distributes the Quarterly Performance Report to Client. 5.4 Performance Standards. These Performance Standards apply to the Services Agreement, only to the extent that CONEXIS is providing such Services to the Client, and the Client is paying CONEXIS directly for this service as indicated in the Fee Schedule — Schedule of Service Fees. CONEXIS reserves the right to modify or eliminate one or more Performance Standards or Service Fee Reductions, as long as such modifications or elimination does not impact the quality of service or performance of the standards, upon 30 day written notice to Client prior to the next Calendar Quarter. CONEXIS Initials �) �_(` Client Initials Direct Client Services Agreement 7 V9.0-040111