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NextRequest perform or re -perform the obligation, as applicable. The maximum total credit for failure to meet any guarantee during any calendar month shall not exceed one twelfth of the annual recurring fee for the NextRequest Service. 3.3 Credits for Downtime. During the term of the contract, the application will be operational and available at least 99.9% of the time in any calendar month, with the exception of planned outages for maintenance and upgrades in which NextRequest notifies the Customer twenty-four (24) hours in advance. If NextRequest does not meet the SLA, the Customer will be eligible to receive the service credits described below. In order to receive service credits, the Customer must request the credit in writing via a support ticket within fourteen (14) days from the time the Customer becomes eligible to receive a service credit. 3.4 Extraordinary Events. The Customer is not entitled to a credit for downtime or outages resulting from denial -of -service attacks, hacking attempts, or any other circumstances that are not within our control. 3.5 No Credit in Breach. The Customer is not entitled to a credit if: (i) the Customer is in breach of the Agreement (including the Customer's payment obligations to NextRequest) at the time of the occurrence of the event giving rise to the credit, (ii) the event giving rise to the credit results from the Customer's prior breach of the Agreement, or (iii) to the extent our failure to meet an Initial Response Time guarantee results from the Customer's delay or failure to meet the requirements of Section 2.5 ("Customer Responsibilities") of this SLA. REV: 09-25-2020 PR ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 23 of 23) Days of Service added to the end of the service term at no Monthly Uptime charge to you Percentage < 99.9% to>= 99.0% 3 < 99.0% to>= 95.0% 7 <95.0% 15 3.4 Extraordinary Events. The Customer is not entitled to a credit for downtime or outages resulting from denial -of -service attacks, hacking attempts, or any other circumstances that are not within our control. 3.5 No Credit in Breach. The Customer is not entitled to a credit if: (i) the Customer is in breach of the Agreement (including the Customer's payment obligations to NextRequest) at the time of the occurrence of the event giving rise to the credit, (ii) the event giving rise to the credit results from the Customer's prior breach of the Agreement, or (iii) to the extent our failure to meet an Initial Response Time guarantee results from the Customer's delay or failure to meet the requirements of Section 2.5 ("Customer Responsibilities") of this SLA. REV: 09-25-2020 PR ATTY/AGR.2020.211/Next Request Co. (Public Records Act Request Automated System) (Page 23 of 23)