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REV: 06-24-22 RL accord with the terms of this Section 11 or the Cloud Services SLA. These processing requirements apply to all standard transactions such as queries, data retrieval, data entry and navigating through screens in the Software. b. Under the test conditions set forth above, the Software in the hosted environment must be capable of processing the following number and type of transaction within the defined response times: (i) Query lookups – a maximum of three (3) second average response time for common inquiries. Such common inquiries shall include, but not be limited to, performing any inquiries, displaying the results of the inquiries, displaying any input screen in the Software and running performance reports. (ii) Field to field prompting within a single screen – maximum, one (1) second. In the event that any Software fails to operate in accordance with the foregoing, Provider shall modify or adjust the Software to operate in accord with such requirements at Provider’s expense. c. The bandwidth and network availability for the SaaS Solution shall be as follows: (i) Provider will provide network bandwidth between its servers and the Internet at levels that will provide dependable and stable access, allowing the product to operate as intended. Uptime will be at least 99.99%. Provider will exercise reasonable efforts to achieve the performance levels set forth above. In the event that average performance falls below the foregoing target during any calendar month, Provider shall credit City five percent (5%) of such month’s applicable service fees for each one tenth of one percent (0.1%) that uptime is below the target; provided such credit will not exceed fifty percent (50%) 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 Agreement. Provider is not required to issue refunds or to make payments against such credits under any circumstances, including, without limitation, termination of this Agreement. (ii) Provider (1) will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled maintenance. If Provider intends to install an upgrade or patch to the system that impacts the availability, operation, look-and-feel, or functionality of Services, Provider will provide the City at least two (2) business days’ notice and coordinate if necessary with the City before any upgrades or patches are applied so the City can plan accordingly, and (2) will promptly investigate any technical problems that the City reports. Provider does not guarantee the integrity of data transmitted via the Internet. 12. Delays in Performance. a. Neither the City nor Provider shall be considered in default of the Contract Documents for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. ATTY/AGR.2022.156/Granicus (Online agenda and meeting hosting and indexing) (Page 6 of 32)