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<br />REV: 06-13-24 MI <br />1.5. Sole Remedy. Service Credits constitute liquidated damages and are not a penalty. The Service Credits set forth in this Section <br />are Company’s sole and exclusive remedy for any failure to meet the Target Availability. <br /> <br />2. Data Security and Restoration <br /> <br />2.1. Software-as-a-Service and Hosted License Software. <br />a) Trimble or its third-party hosting provider(s) shall use commercially reasonable efforts to establish and maintain <br />reasonable administrative, physical, and technical safeguards designed to (a) protect the security, confidentiality, and <br />integrity of Customer Data, (b) protect against anticipated threats or hazards to the security, confidentiality, and integrity <br />of Customer Data; (c) protect against unauthorized access to or use of Customer Data; and (d) protect against unlawful <br />processing, accidental destruction, or loss of Customer Data. <br />b) Trimble will use reasonable efforts to restore lost or damaged Customer Data for Products deployed through Trimble <br />hosting services or as Software-as-a-Service, as described in this paragraph, if the loss or damage was caused by Trimble. <br />Trimble will consult with Customer and provide information to Customer regarding the availability of backups and the <br />potential limitations of data restoration. Customer understands that some data loss may result upon restoration based <br />on the frequency and availability of backups. If Customer Data loss or damage is not caused by Trimble, Trimble will <br />provide support and technical assistance for data restoration subject to Trimble’s availability and payment of applicable <br />fees at Trimble’s then-current hourly rates. <br /> <br />2.2. On Premises Licensed Software. Trimble does not provide regular support or technical assistance for the repair or restoration <br />of lost or damaged Customer Data as part of Customer Support for Licensed Software not hosted by Trimble, regardless of <br />the cause. Assistance for restoration may be available subject to Trimble’s availability and payment of applicable fees at <br />Trimble’s then-current hourly rates. <br /> <br /> <br />ATTY/AGR.2024/Amend. No. 1/Gray Bowen Scott (US 101 84 Interchange Project Delivery) (Page 18 of 23)