Availability Commitment Clause Samples

Availability Commitment. SISW will make the PlantSight Services available with an uptime of at least 95% measured per calendar month on the following basis (“Availability Commitment”): Availability Commitment % = Available Minutes - Unscheduled Downtime Minutes The Availability Commitment excludes downtime due to scheduled maintenance. SISW will use scheduled maintenance to apply required patches to the IT infrastructure to ensure the continued security, availability and performance of the PlantSight Services. Scheduled Maintenance shall generally occur only once per month, and PlantSight Services shall not be unavailable for more than 12 consecutive hours. Scheduled maintenance shall (in general) be outside of regular business hours for Central European and lower 48 states North American time zones. Unscheduled Downtime is calculated from the minute it is clearly reported by Customer to SISW until SISW reports the issue as fixed or mitigated. SISW may subtract from the calculated downtime any periods spent waiting for a response from Customer. Only “Critical” incidents, as described below, are considered “Unscheduled Downtime Minutes” in the above Availability Commitment % calculation. The current status of the PlantSight Services is available via web portal at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇.

Availability Commitment. Workspot will endeavor to meet the “Monthly Uptime Percentage” (as defined below) for the availability of the Workspot Hosted Virtual Desktop Service to subscribing End Users of at least 99.9% during any calendar month during the Subscription Term (the “Service Commitment”). For purposes of this Availability Commitment: • The Monthly Uptime Percentage is calculated by subtracting the Monthly Downtime Percentage from 100%. • The Monthly Downtime Percentage is calculated by dividing the number of minutes that the Workspot Hosted Virtual Desktop Service is “Unavailable” during the calendar month by the total number of minutes in the month, and converting that fraction to a percentage. • The Workspot Hosted Virtual Desktop Service is Unavailable if it cannot be reached or is not accessible to End Users, excluding unavailability attributable to “Availability Exclusions” described in Section 4 below.

Availability Commitment. 2.1 BDQ shall use reasonable endeavours to ensure that the percentage of Uptime for the Hosted Services is at least 99.5% during each calendar month, subject to Clause 4. 2.2 BDQ shall be responsible for measuring Uptime and shall do so using any reasonable methodology. 2.3 BDQ shall report Uptime measurements on a per calendar month basis to the Customer either: (b) in writing, promptly following receipt of a written request from the Customer for such Uptime measurements.

Availability Commitment. The level of operationality of AVISO+ products depends on the type of product and the mission. The core products of space missions (typically level 1 and level 2 geophysical data processed by CNES) are processed by operational ground segments, delivery delays mentioned on the AVISO+ website are defined as mission requirements and all human and material means are used to meet those requirements and avoid delivery delays. Concerning AVISO+ level 3 and level 4 products processed by the multimission SSALTO/DUACS system, they are processed on operational systems and their delivery is considered as operational. AVISO+ Auxiliary products, indicators and in-situ products are updated regularly on a reasonable- effort basis (except MSL considered as operational indicator). For expertise products such as PISTACH, PEACHI, X-TRACK and demonstration products no operational commitment are defined. Mean delivery delays are indicated on the AVISO+ website but they are not a formal commitment from CNES and CTOH as the product processing is made on a reasonable-effort basis. Moreover, some of those products are "research grade products". See the appendix table summarizing operational commitments for more details.

Availability Commitment. The Services shall be available 99.9%, measured monthly, excluding Planned Maintenance or Emergency Maintenance as described below. If Customer requires in writing maintenance specific to Customer outside of Planned Maintenance period, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. “

Availability Commitment. PROS Subscription Service Availability commitment for a given calendar month is 99.9%. PROS Subscription Service Availability for user functions will be measured, excluding network latency outside of the Subscription Service, using PROS platform monitoring system, to verify that (a) the Subscription Service and all public APIs are available at PROS production data center’s Internet connection points; (b) all persistent and cached data are available and read and write operations function using sample data; and (c) user login, price request, scheduled task execution, guidance retrieval, quote creation and approval) are working properly with default sample data and logic. PROS Subscription Service Availability commitment excludes logic errors related to faulty Customer Data and Customer’s configured business rules. PROS Availability is calculated per calendar month as follows: ((Total – Unplanned Outage) / (Total)) X 100% ≥ 99.9%

Availability Commitment a. The configuration of the Services set forth in the Statement of Work has been designed by the parties to provide the performance level contemplated by the Availability Commitment in this SLA. If Terremark notifies Customer that it has determined that Customer's configuration is not suited to provide this level of performance, this SLA will be suspended until Customer and Terremark agree upon and implement a new or modified configuration designed to provide this level of performance. b. The Infinicenter Application, Terremark Infrastructure and Dedicated Device(s) shall adhere to the following Availability Commitments: 99.9% - Dedicated Device 99.5% - Infinicenter Application 99.9% - Terremark Infrastructure

Availability Commitment. Section 2 of the SLA is hereby deleted in its entirety and replaced with the following: “PROS Subscription Service Availability Commitment for its Real-Time Subscription Services for a given calendar month is 99.99%. PROS Subscription Service Availability for user functions will be measured, excluding network latency outside of the Real-Time Subscription Service, using PROS platform monitoring system, to verify that (a) the Real-Time Subscription Service and all public APIs are available at PROS production data center’s Internet connection points; (b) all persistent and cached data are available and read and write operations function using sample data; and (c) user login, price request, scheduled task execution, guidance retrieval, quote creation, and approval) are working properly with default sample data and logic. PROS Subscription Service Availability commitment excludes logic errors related to faulty Customer Data and Customer’s configured business rules. Real-Time Service Availability is calculated per calendar month as follows: Where “Total” is the total number of minutes in the month, and “Unplanned Outage” is total minutes that the Subscription Service is not available in the month. PROS Real-Time Subscription Services require no Planned Maintenance.”

Availability Commitment. Genesys will use commercially reasonable efforts to make available the Pointillist customer journey analytics SaaS with a Monthly Availability of at least 99% during any calendar month (“Availability Commitment”). If we do not meet this Availability Commitment, and subject to SLA Exclusions described in section 1.5 below, you will be eligible to receive Service Credits as defined in section 1.3 below.