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**Uptime commitment

Modified on: Thu, Jul 11, 2019 at 11:36 AM

Luminoso’s goal is to maintain System Availability at 99.5%.

Root-cause Analysis reports will be the system of record for determining System Availability. Exceptions are

  1. Problems identified by Luminoso or Company to be caused by components (hardware, software, network, maintenance), over which Luminoso has no direct operational and/or administrative responsibility and control, including, but not limited to application, database, public internet, network, and end user controlled problems.

  2. An event in which responsibility or ownership of the root cause is undetermined; either as between Luminoso and Company, or Luminoso and another Ecosystem partner, unless Company provides reasonably convincing support of Luminoso’s responsibility within thirty (30) days after the end of event impact.

  3. Company’s failure to implement Luminoso’s reasonable written recommendations regarding issues that affect redundancy, capacity, or quality of service within ninety (90) days from the delivery of such recommendations, including any third party developed software implemented by Company.

  4. Force majeure events as defined in the Agreement.

  5. Outages involving those services determined to be non-transactional services, to include, but not limited to, hosted reporting, and service management tools.

  6. Scheduled Maintenance.  Luminoso reserves the right to conduct maintenance during a weekly recurring maintenance schedule (To be specified) unless the day and time is changed upon mutual agreement by both parties. Any Outage related to Scheduled Maintenance will not be included in the calculation Aggregate Downtime Minutes.   Luminoso will notify Company in advance in the event it is required to extend a maintenance window for any reason.  Luminoso reserves the right, upon three (3) days prior notice to Company, to conduct drills within the Hosted Service production environment during the standard maintenance window.

  7. Urgent Maintenance.  Urgent Maintenance, while being conducted, may degrade the quality of the Hosted Services, or may cause an Outage of the Hosted Services. Any Outage related to Urgent Maintenance will be included in the calculation of Aggregate Downtime Minutes.   Luminoso may undertake Urgent Maintenance at any time Luminoso deems necessary. Luminoso will provide notice of Urgent Maintenance to Company as soon as is commercially practicable under the circumstances.

“System Availability” shall mean the percentage derived from the following formula: Total Minutes in Monthly Billing Period + Aggregate Downtime Minutes

  1. Calculating “Aggregate Downtime Minutes”: Aggregate downtime minutes shall be calculated as the number of minutes during which the Hosted Services were failing to respond to API calls, based on Luminoso monitoring applications, logs, and additional information provided by Company.

  2. “Total Minutes in Monthly Billing Period" means the total number of minutes during a Monthly Billing Period and does not include Aggregate Downtime Minutes as they are not billable.

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