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<br />REV: 06-13-24 MI <br />Addendum #4 <br />Availability Service Level Agreement; Data Security and Restoration <br /> <br />1. Availability Service Level Agreement <br /> <br />For any Product that is either (i) Software-as-a-Service or (ii) Licensed Software hosted by Trimble, the following will apply. <br />1.1. Target Availability. Trimble will use commercially reasonable efforts to make the Product available with an uptime (time <br />periods during which Company has general connectivity to the Product) (the “Target Availability”). <br /> <br />Product Target Availability* <br />Cityworks 99.9%* <br />AgileAssets / Pavement Express 99% <br />e-Builder 99.95% <br />GeoManager 99.999% <br />Trimble Unity Work <br />Management/ Trimble Unity <br />Remote Monitoring 99.5% <br />Trimble Locus/ Trimble <br />eServices <br />99% during office <br />hours <br /> <br /> <br />1.2. Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) Company’s use of the Product in <br />a manner not authorized in the Agreement or Documentation, (b) general Internet problems, force majeure events or other <br />factors outside of Trimble’s reasonable control, including without limitation interruption or failure of telecommunications <br />or digital transmission links, hostile network attacks, network congestion, denial of service attack, (c) Company’s equipment, <br />software, network connections or other infrastructure, (d) any acts or omissions of Company or any third-party that is not a <br />service provider of Trimble, (e) failure by Company to pay any applicable fees under the Agreement, or (e) Scheduled <br />Maintenance or emergency maintenance. <br /> <br />1.3. Scheduled Maintenance. “Scheduled Maintenance” means Trimble’s scheduled, routine, or other maintenance which (1) <br />occurs at such times as may be listed on Trimble’s websites or Support Portal, or (2) Trimble notifies Company with at least <br />two (2) days advance notice, which can be via the Support Portal, e-mail, or in the Product. Trimble reserves the right to <br />schedule other maintenance periods on an as needed basis and will notify Company in advance. Trimble will use <br />commercially reasonable efforts to perform Scheduled Maintenance during low usage times. <br /> <br />1.4. Service Credits. If there is a verified failure of the Products to meet Target Availability in a particular month and Company <br />makes a request for service credit within thirty (30) days after the end of such month, Company will be entitled to a credit <br />based on the monthly fees due for the affected Product in such month (“Service Credit”). The Service Credit will be calculated <br />as follows: <br /> <br />Service Credit = Pro Rata Fee * percentage of time that the Product did not meet the Target Availability <br /> <br />The "Pro Rata Fee" means (1) for Target Availability measured monthly, one-twelfth of the total annual fee for the Product <br />(excluding taxes, etc.), and (2) for Target Availability measured quarterly, one-fourth of the total annual fee for the Product <br />(excluding taxes, etc). The Service Credit will be calculated to the nearest 30-minute interval. The total Service Credits in a <br />month may not exceed 20% of the Monthly Fee. <br /> <br />Trimble will apply each Service Credit to Company’s next invoice, provided that Company’s account is fully paid up, without <br />any outstanding payment issues or disputes. Company will not receive any refunds for any unused Service Credits. <br /> <br />ATTY/AGR.2024/Amend. No. 1/Gray Bowen Scott (US 101 84 Interchange Project Delivery) (Page 17 of 23)