Common use of Configuration and Use Clause in Contracts

Configuration and Use. 8.1. The Software provided under this Agreement include storage for Customer Data up to a limit (herein “Storage Limit”) of five hundred Gigabytes (500 GB). Additional storage may be purchased separately by contacting Athena. 8.2. In the event that Customer Data exceeds the Storage Limit, Customer will pay Athena a volume- based overage fee for each month Customer Data exceeds the Storage Limit. For the purposes of calculating Customer Data storage size, the size of the data is the sum of (i) the database files containing Customer Data (as calculated by the file system); (ii) the unencrypted and uncompressed files uploaded to the Software or generated by the use of the Software; and (iii) excluding any Backups, data files generated by system logs or logs generated by the Software. Volume-based overage fees will be assessed on the last day of each month during the Service Term or subsequent Renewal Term(s). 8.3. If Customer’s usage of resources including bandwidth, CPU and memory is excessive (as determined solely by Athena), Athena reserves the right to: (a) immediately disable Customer’s Software services, or throttle Customer’s Software services until Customer can reduce resource consumption; and/or (b) impose an appropriate fee commensurate with such excess usage. 8.4. Should unintended or undesirable performance impact on desired or promised service level response times and/or overall performance to the Customer or other Athena customers’ experience, the Customer agrees to work on a best efforts, good faith basis to design, reconfigure and implement changes to remedy the unintended or undesirable consequences.