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C.. Downtime for each incident shall begin when Customer contacts Computervision's Service Center and shall be measured un- til the "Core System" is returned to proper operating condition, provided access to the System and necessary information is made available to Computervision. D.Credit claims must be submitted in writing by the Customer within 60 days of the occurrence. 7. In addition to the Maintenance Service provided by Computervision hereunder, Premium Plus Service entitles Customer to the fol- lowing: A. A 20% discount on the recurring monthly charges (other than any usage fees) for disaster program services. B. No premium charged for eligible third party products; and C. On-site (as deemed necessary by Computervision) installation of Software revisions and updates outside Software Service Hours. The entitlements specified in this Section 7 shall be granted to Customer in accordance with Computervision's then current policies as specified in the Customer Service Entitlement Guide or other applicable documentation. No accruals are permitted for entitle- ments from year to year. SECTION Ill--PREMIUM SERVICE 1. "Service Hours": Unless otherwise specified on the Product Schedule, Service Hours for Premium Service as referred to in this Section III will be twenty four (24) hours by five (5) days coverage, Midnight Sunday through Midnight Friday local time, excluding Computervision (24 hour) holidays. 2. Computervision will provide Premium Service as defined in this Section during the Service Hours on the Equipment identified by Service Code "PHS" on the Product Schedule. Premium Service includes: A. Telephone access to Computervision's Service Center for problem reporting; B. Scheduled Preventive Maintenance based on the specific needs of the Equipment as determined by Computervision; C. Remedial Maintenance performed at Customer's site following prompt telephone notification by Customer to Computervision's Service Center of Equipment failure. Continuous Remedial Maintenance extending beyond Service Hours shall be provided by Computervision at no additional charge to Customer in those critical cases where there is a failure of the "Core System" which in Computervision's judgment prevents or impairs the operation of the Equipment and Computervision's customer service representative has arrived on site prior to the end of the Service Hours. If Computervision determines that parts or resources required for the repair are not available at the Customer site, such Continuous Remedial Maintenance will cease and will be resumed during Service Hours when these parts or resources are available; D. Providing of replacement parts, tools, test equipment and maintenance materials necessary for the performance of Maintenance Service hereunder. Parts removed on an exchange basis become the property of Computervision; and E. Installation of FCOs as required to maintain Equipment at current revision levels as determined by Computervision. 3. Provided Customer properly notifies Computervision of a request for service as specified in Section 111.2.C above, response to a Customer's request for service is guaranteed to be within two hours for a Customer site specified on the Product Schedule within 25 miles of a MetropoJitan Service Center, and within four hours for a Customer site within 100 miles of a Metropolitan Service Center. The guaranteed response will be fulfilled by an on-site visit or by performance of remote diagnostics, whichever is required at Computervision's discretion. No response time guarantee applies to (i) Equipment located remote from the central site, (ii) any Software running on the System, or (iii) any request for service which is received outside Computervision's normal business hours, 7:00 a.m. to 5:00 p.m. local time, Monday through Friday, although the average response time during any calendar month shall be within 4 hours of a request for service during the hours of 7:00 p,m. and 7:00 a.m. local time for Customer sites within 100 miles of a Metropolitan Service Center. 4. Computervision will grant Customer a credit equal to five percent (5%) of the Monthly Maintenance Charges for the Equipment on the Product Schedule which shall be Computervision's sole liability and Customer's exclusive remedy for any occasion that Computervision, due to causes within its reasonable control; faits to respond to Customer's request for service within a guaranteed response time as specified in Section 111.3 above. Any credits which may be due to Customer pursuant to this Section shall be calcu- lated separately for each month. In no event shall the total of all credits granted during a given month exceed the total Monthly Maintenance Charges for the Equipment on a Product Schedule. Excess credits shall not be accrued from month to month nor ap- plied to offset any prior Monthly Maintenance Charges or other sums as may be due Computervision. 5. Computervision guarantees a 98% uptime for the "Core System" within 100 miles of a Metropolitan Service Center. The uptime pe- riod will be measured on a 90 day (fiscal calendar quarter) by 24-hour cycle. The credit percentage that will apply is the difference be- tween the actual uptime (if less than 98%) and 100% and will be applied against one months "Core System" charges. The credited dollar amount cannot exceed the Monthly Maintenance Charges and will be applied to the invoice for the month following the quar- terly measurement cycle. 6. For the purposes of uptime guarantee credit, the following provisions shall apply: A. Downtime is that period of time when a "Core System" is inoperable, due to Equipment failure which causes the System to be unusable and in need of Remedial Maintenance, during the Service Hours for the Service Offering selected. B. Downtime calculations will be applied on a per-System basis, for Equipment related failures only. Downtime due to installa- tion of new equipment, deinstallation, relocation, reinstallation and testing of existing Equipment, the failure of non- Computervision supplied equipment, Acts of God or Customer's negligence or willful intent, does not qualify for downtime credit calculations. C. Downtime for each incident shall begin when Customer contacts Computervision's Service Center and shall be measured un- til the "Core System" is returned to proper operating condition, provided access to the System and necessary information is made available to Computervision.