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<br />203193300.19 A-3 <br /> <br />KPI <br /># <br />Title Definition Measurement <br />Tool(s)1 <br />Liquidated Damages <br />6 Program <br />Functionality <br />The Program must be operational 100% of the time every <br />month (i.e., every hour of every day, 24 hours per day, 7 <br />days per week, measured monthly), so that, at a <br />minimum, all Program users can dock and undock <br />Bicycles at all times, excluding (i) scheduled downtime, <br />and (ii) any period when the Computer Hardware for the <br />Program and/or Software is, and remains, damaged <br />through Hacking. <br />Program Functionality does not apply to hardware <br />malfunctions at individual Stations or to individual <br />Stations that are not Operable Stations. <br />Software System If in any month the Program is <br />operational less than 100% of the <br />time, then $300 for every hour (or <br />part thereof) that the Program is <br />not operational. <br />7 Station <br />Operability <br />Stations, in the aggregate, must be Operable Stations <br />99% of the time every month (i.e., every hour of every <br />day, 24 hours per day, 7 days per week, measured <br />monthly), excluding (i) during scheduled downtime, and <br />(ii) any period when a Station is not an Operable Station <br />because the Kiosk or other Equipment located at the <br />Station has been damaged by third-parties. <br /> <br />Calculated by taking the sum of the number of hours that <br />each Station was an Operable Station during a month, <br />dividing that sum by the product of the total number of <br />hours in the month and the number of Stations that <br />month. <br /> <br />Station Operability does not apply during any period in <br />which the entire Program system is down. <br />Operator records/ <br />databases <br />If in any month the Stations are not <br />Operable Stations 99% of the time, <br />then $100 for every hour that <br />Stations are not Operable Stations <br />below the 99% threshold.