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, " ~; . . ~.; . . 4. PRIME will grant Customer a credit equal to ~ percent (5%) of the Monthly Maintenance Charge~ the Equipment on the Product Schedule which shall be PRIME's sole liability and Customer's exclusive remedy for any occasion that PRIME. oue to causes within its reasonable control. fails to respond to Customer's request for service within a guaranteed response time as specified in Section 111.3 above. Any credits which may be due to Customer pursuant to this Section shall be calculated separately for each month. In no event shall the total of all credits granted during a given month exceed the total Monthly Maintenance Charges for the Equipment on a Product Schedule. Excess credits shall not be accrued from month to month nor applied to offset any prior Monthly Maintenance Charges or other sums as may be due PRIME. PRIME guarantees a 98 % uptime for the "Core System" within 100 miles of a Metropolitan Service Center. The uptime period will be measured on a 90 day (fiscal calendar quarter) by 24-hour cycle. The credit percentage that will apply is the difference between the actual uptime (if less than 98%) and 100% and will be applied against one months "Core System" charges. The credited dollar amount cannot exceed the Monthly Maintenance Charges and will be applied to the invoice for the month following the quarterly measurement cycle. 5. 6. For the purposes of uptime guarantee credit, the following provisions shall apply: A. Downtime is that period of time when a "Core System" is inoperable, due to Equipment failure which causes the System to be unusable and in need of Remedial Maintenance, during the Service Hours for the Service Offering selected. Downtime calculations will be applied on a per-System basis, for Equipment related failures only. Downtime due to installation of new equipment. deinstallation, relocation, reinstallation and testing of existing Equipment, the failure of non-PRIME supplied equipment. Acts of God or Customer's negligence or willful intent. does not qualify for downtime credit calculations. Downtime for each incident shall begin when Customer contacts PRIME's Service Center and shall be measured until the "Core System" is returned to proper operating condition, provided access to the System and necessary information is made available to PRIME. Credit claims must be submitted in writing by the Customer within 60 days of the occurrence. B. c. D. In addition to the Maintenance Service provided by PRIME hereunder, Premium Service entitles Customer to the following: A. One System relocation per calendar year; (a System relocation consists of the deinstallation and reinstallation of the System during Service Hours,-it does not include packing, unpacking, freight or travel time and expense beyond 100 miles of a Metropolitan Service Center); No ctiarge for a Power Distribution Audit (travel time and expense remains chargeable beyond 100 miles of a Metropolitan Service Center) during the initial installation of a newly purchased System or System Upgrade; C. A 10% discount on the recurring monthly charges (other than any usage fees) for disaster program services. D. No premium charged for eligible third party products. The entitlements specified in this Section 7 shall be granted to Customer in accordance with PRIME's then current policies as specified in the Customer Service Entitlement Guide or other applicable documentation. No accruals are permitted for entitlements from year to year. B. 7. SECTION IV-PREFERRED SERVICE 1. "Service Hours": Unless otherwise specified on the Product Schedule, Service Hours for Preferred Service as referred to in this Section IV will be between the hours of 7:00 a.m. and 7:00 p.m. local time, Monday through Friday, excluding PRIME (24 hour) holidays. 2. PRIME will provide Preferred Service as defined in this Section during the Service Hours on the Equipment identified by Service Code "PRF"on the Product Schedule. Preferred Service includes: A. Telephone access to a PRIME Service Center for problem reporting; B. Scheduled Preventive Maintenance based on the specific needs of the Equipment as determined by PRIME; C. Remedial Maintenance performed at Customer's site following prompt telephone notification by Customer to a PRIME Service Center of an Equipment failure. Continuous Remedial Maintenance extending beyond Service Hours shall be provided by PRIME at no additional charge to Customer in those critical cases where there is a failure of the "Core System" which in PRIME's judgment prevents or impairs the operation of the Equipment and PRIME's customer service representative has arrived on site prior to the end of the Service Hours. If PRIME determines that parts or resources required for the repair are not available at the Customer site, such Continuous Remedial Maintenance will cease and will be resumed during Service Hours when the parts or resources are available. Providing replacement parts, tools, test equipment and maintenance materials necessary for the periormance of Maintenance Service hereunder. Replacement parts may be new or refurbished. Parts removed on an exchange basis become the property of PRIME; and installation of FCO's as required to maintain Equipment at current revision levels as determined by PRIME. D. 3. In addition to the Maintenance Service provided by PRIME hereunder, Preferred Service entitles Customer to select twO (2) of the following options per System (to be identified by Customer): A. No charge for labor for one time and materials call per calendar quarter (Remedial Service only-4 hours maximum-materials are chargeable); B. One System relocation per calendar year (a System relocation consists of the deinstallation and reinstallation of the System during Service Hours,-it does not include packing, unpacking, freight or travel time and expense beyond 100 miles of a Metropolitan Service Center); No charge for a Power Distribution Audit (travel time and expense remains chargeable beyond 100 miles of a Metropolitan Service Center) during the initial installation of a newly purchased System or System Upgrade; No premium charged for eligible third party products: or One on-site (as deemed necessary by PRIME) installation of Software revision and update per calendar year. First three (3) months free for Disaster Program (monthly fees only) upon execution of a Disaster Program Contract. E. C. D. E. F. 4. Provided Customer properly notifies PRIME of a request for service as specified in Section IV.2.C above, response to a Customer's request for service is guaranteed to be within twO hours for a Customer site specified on the Product Schedule within 25 miles of a Metropolitan Service Center, and within four hours for a Customer site within 100 miles of a Metropolitan Service Center. The guaranteed response will be fulfilled by an on-site visit or by periormance of remote diagnostics, whichever is required at PRIME's discretion. No response time guarantee applies (i) to Equipment located remote from the central site, (ii) to any software running on the System. or (iii) any request for service which is received outside PRIME's normal business hours, 7:00 a.m. to 5:00 p.m. local time, Monday through Friday. 5. PRIME will grant Customer a credit equal to five percent (5%) of the Monthly Maintenance Charges for the Equipment on the Product Schedule 7