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Page 26 of 38 <br />ATTY/AGR/2017.104/SMART ENERGY SYSTEMS – CUSTOMER WATER USE PORTAL <br />REV: 05-15-17 MI <br />or ownership of any copy or of the Software itself. Furthermore, City receives no rights to the <br />Software other than those specifically granted in Section 2.1 above. Without limiting the <br />generality of the foregoing, City shall not: (a) modify, create derivative works from, distribute, <br />publicly display, publicly perform, or sub-subscribe the Software; (b) allow third parties to <br />exploit the Software; or (c) reverse engineer, decompile, or attempt to derive any of the <br />Software’s source code. <br /> <br />3. UPDATES. <br /> <br />3.1. Provision of Updates: Consultant shall maintain and update the Software as follows during <br />the Term: <br /> <br />(a) Consultant will routinely update the Software to address any security updates, bug fixes, <br />or responsiveness matters quarterly or as is required pursuant to Section 3.2 below or <br />otherwise. Consultant will update the Software to add any new features or functions, <br />incorporate any improved process changes, and/or implement any performance- <br />enhancing modifications annually, if applicable (“Upgrades”). <br /> <br />(b) Should an Upgrade be required pursuant to Section 3.2 below, Consultant will promptly <br />notify the City of any downtime and provide confirmation once functionality is restored <br />pursuant to the terms therein. <br /> <br />(c) Each Upgrade will constitute an element of the Software and will be subject to this <br />Agreement’s terms regarding Software, including, without limitation, subscription, <br />warranty, and indemnity terms. <br /> <br />3.2. Service Levels: Consultant shall exercise reasonable efforts to achieve the following service <br />performance targets: <br /> <br />(a) Severity Classification <br /> <br />(i) Severity 4 – Critical business impact with no alternative <br /> <br />(ii) Severity 3 – High business impact with complicated alternative <br /> <br />(iii) Severity 2 – Minimal business impact with alternatives <br /> <br />(iv) Severity 1 – Cosmetic Issues or documentation issues <br /> <br />(b) Service performance targets are set against system availability, problem resolution <br />times, and follow up. Performance and reporting against such targets shall be as <br />follows: <br /> <br />(i) System Availability: All hours not including normal <br />scheduled system maintenance 99.95% <br />6.1.E. - Page 29