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REV 03-17-23 MI <br />11. Service Level Requirements. <br />a. Upon completion of the Implementation Services, the City will test the hosted <br />environment to ensure processing in accord with the requirements below, and, <br />based on this testing, Provider will use reasonable efforts to configure and <br />optimize the hosted environment that is used by the services in the event that the <br />City notifies Provider (to include providing Provider with documented testing <br />results) that the testing demonstrates processing not in accord with the terms of <br />this Section 11. These processing requirements apply to all standard <br />transactions such as queries, data retrieval, data entry and navigating through <br />screens in the Software. <br />b. Under the test conditions set forth above, the Software in the hosted environment <br />must be capable of processing the following number and type of transaction <br />within the defined response times: <br />(i) Query lookups – a maximum of three (3) second average response <br />time for common inquiries. Such common inquiries shall include, but not be <br />limited to, performing any inquiries, displaying the results of the inquiries, <br />displaying any input screen in the Software and running performance <br />reports. <br />(ii) Field to field prompting within a single screen – maximum, one (1) <br />second. <br />In the event that any Software fails to operate in accordance with the foregoing, <br />Provider shall modify or adjust the Software to operate in accord with such <br />requirements at Provider’s expense. <br />c. The bandwidth and network availability for the SaaS Solution shall be as follows: <br />(i) Provider will provide network bandwidth between its servers and the <br />Internet at levels that will provide dependable and stable access, allowing <br />the product to operate as intended. Uptime will be at least 99.9%. Provider <br />will exercise reasonable efforts to achieve the performance levels set forth <br />above. In the event that average performance falls below the foregoing <br />target during any calendar month, Provider shall credit City five percent <br />(5%) of such month’s applicable service fees for each five tenths of one <br />percent (0.5%) that uptime is below the target; provided such credit will not <br />exceed fifty percent (50%) of any month’s otherwise applicable service fees. <br />Credits issued pursuant to this Section apply to outstanding or future <br />invoices only and are forfeit upon termination of this Agreement. Provider is <br />not required to issue refunds or to make payments against such credits <br />under any circumstances, including, without limitation, termination of this <br />Agreement. <br />ATTY/AGR.2023.056/Dropcountr, Inc. (Water Utility Customer Portal) (Page 7 of 32)