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Agmt21 Assetworks, LLC
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Agmt21 Assetworks, LLC
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Last modified
9/2/2021 3:47:41 PM
Creation date
9/2/2021 3:45:11 PM
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Agreement
Contractor Name
Assetworks, LLC
PROJECT NAME
Hardware and software services for fuel system management
RMP File Number
304
Date
9/2/2021
MO Ref
21-152
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Attachment 2 - Service Level Objectives <br />This Service Level Agreement ("SLA") is intended to provide an understanding of the level of service to be <br />delivered by the AssetWorks for the Services specified in Attachment 1. The service levels set forth below <br />apply to the Services provided by AssetWorks under the Agreement. <br />1. AVAILABILITY <br />AssetWorks will use commercially reasonable efforts to provide Services with an average of 95% <br />Availability (as such term is hereinafter defined) for each quarter during the Term. For purposes of the <br />Agreement, "Availability" during any quarter refers to an Authorized User's ability to log into the Application <br />during such quarter, and will be calculated in accordance with the following formula: <br />x=(y-z)/y*100 <br />Where, <br />• "x" is the Availability of the Application during the quarter; <br />• "y" is the total number of hours in such quarter minus the number of hours during such quarter that the <br />Customer is unable to log into the Application because of (a) regularly scheduled maintenance windows <br />for the Application and for times in which Customer has been notified in writing (including e-mail) by <br />AssetWorks in advance thereof; (b) a Force Majeure Event; (c) non-performance of hardware, software, <br />ISP connections, and other equipment that is not provided by AssetWorks or certified by AssetWorks for <br />use in conjunction with the Services (except as such non-performance is directly or indirectly caused by <br />AssetWorks). <br />• "z" is the number of hours in such month during which the Customer is unable to log into the Application <br />(other than for reasons set forth in the definition of "y" above); provided that AssetWorks has been notified <br />or is otherwise aware (or reasonably should be aware) of Customer's inability to utilize the Application. <br />2. FEE ADJUSTMENT <br />In the event that AssetWorks does not meet the Availability levels set forth below, the amount of fees <br />payable by Customer will be reduced as follows: <br />In the event the average Availability for the Application is less than ninety five percent (95%) during any <br />two consecutive quarters, Customer will receive a credit to its account with AssetWorks of five percent <br />(5%) of the amount of a quarter's aggregate Services Fees paid or payable by Customer to AssetWorks. <br />AssetWorks' obligation to provide Customer with fee adjustments as set forth above is conditioned on <br />Customer providing detailed written notice to AssetWorks of its contention that AssetWorks was unable to <br />meet the applicable Availability levels. Upon receipt of such notice, AssetWorks shall have thirty (30) <br />calendar days to investigate the contention. If, at the end of the thirty (30) calendar day period it is <br />determined that AssetWorks did in fact fail to meet the applicable Availability levels, Customer will receive <br />the appropriate credit to its account during the next invoice cycle. <br />The remedies set forth in this Section of this Attachment shall be Customer's sole remedy and AssetWorks' <br />entire liability in the event of a breach of this Agreement, including the failure of any Availability <br />measurements to meet the thresholds set forth above. <br />EXHIBIT E <br />HARDWARE TERMS OF USE <br />1. Price/Specifications <br />Price and specifications are subject to change without notice. AssetWorks LLC is not responsible for <br />typographical and/or photographical errors. <br />2. Limited Warranty <br />Warranty coverage for FuelDrive products are described below. Additional support coverage can be <br />REV: 08-16-2021 MI <br />ATTY/AGR.2021.216/Assetworks, LLC (Page 9 of 12) <br />
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