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REV: 12-16-24 MI Provider shall bear the costs associated with (1) the investigation and resolution of the Data Breach; (2) notifications to individuals, regulators or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law — all not to exceed the average per record per person cost calculated for data breaches in the United States (currently $225 per record/person) in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the Data Breach; and (5) complete all corrective actions as reasonably determined by Provider based on root cause. 12. Service Level Requirements. a. Upon completion of the Implementation Services, the City will test the hosted environment to ensure processing in accord with the requirements below, and, based on this testing, Provider will use reasonable efforts to configure and optimize the hosted environment that is used by the services in the event that the City notifies Provider (to include providing Provider with documented testing results) that the testing demonstrates processing not in accord with the terms of this Section 12 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. ATTY/AGR.2024.237/Granicus (Agenda Management System) (Page 6 of 35)