AgdaPkt 2020-11-23 Joint SA PFA - Laserfiche WebLink

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6.11). - Page 126 of 179 SOFTWARE AS A SERVICE 1. Software as a Service. During the term of this Purchase Agreement, City may access and use Vendor's service described in Exhibit D (the "Software Service"). Exhibit D is incorporated into this Agreement by reference. Vendor retains all right, title, and interest in and to the Software Service, including without limitation, all software used to provide the Service and all logos and trademarks reproduced through the Software Service. This Agreement does not grant City any intellectual property rights in the Software Service or any of its components. 2. Specifications. At all times during the term of this Purchase Agreement, the Software Service shall meet the minimum technical specifications set forth in Exhibit D. Vendor may provide the Software Services according to alternative specifications if such alternative specifications provide substantially the same function and level of service, subject to the reasonable consent of the City. 3. Service Level Agreement. 3.1. Vendor shall address System faults as follows: • Level 1 Error: Response within minutes; Remedy within hours. • Level 2 Error: Response within minutes. Remedy within _ hours. • Level 3 Error: Response within minutes; Remedy within _ hours. • As used above: (a) "Error" refers to any failure of the Software Service to perform as required in the technical specifications set forth in Exhibit D. i. "Level 1 Error" means ii. "Level 2 Error" means iii. "Level 3 Error" means (b) "Remedy" refers to a solution that returns the System to material compliance with the Specifications at issue. (c) "Response" refers to an e-mail, telephone, or in-person acknowledgement of a technical support request. 3.2. Vendor will exercise reasonable efforts to achieve the performance levels set forth in Exhibit D. In the event that average Performance falls below the Target during any calendar month, Vendor shall credit City % of such month's applicable service fees for each below the Target; provided such credit will not exceed % of any month's otherwise applicable service fees. Credits issued pursuant to this Section apply to outstanding or future invoices only and are forfeit upon termination of this Purchase Agreement. Vendor is not required to issue refunds or to make payments against such credits under any circumstances, including, without limitation, termination of this Purchase Agreement. O7P FORM 4000/2 165