Common use of Error Priority Levels Clause in Contracts

Error Priority Levels. Cohesity shall exercise commercially reasonable efforts to correct any Error reported by Ordering Activity in the current unmodified release of a Product in accordance with the priority level assigned to such Error by Cohesity (in Cohesity’s sole and absolute discretion). • Priority 1 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) notify Cohesity management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Ordering Activity with periodic reports on the status of the corrections; and (iv) in the case of Software Products, initiate work to provide Ordering Activity with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 2 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) provide Ordering Activity with periodic reports on the status of the corrections; and (iii) in the case of Software Products, initiate work to provide Ordering Activity with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 3 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) provide Ordering Activity with periodic reports on the status of the corrections; and (iii) in the case of Software Products, initiate work to provide Ordering Activity with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 4 Errors - Cohesity will use reasonable efforts to acknowledge Ordering Activity’s problem report and commence reasonable efforts to supply a Fix for the Error. If Cohesity believes that a problem reported by Ordering Activity may not be due to an Error, Cohesity will so notify Ordering Activity. At that time, Ordering Activity may (1) instruct Cohesity to proceed with problem determination at its possible expense as set forth below, or (2) instruct Cohesity that Ordering Activity does not wish the problem pursued at its possible expense. If Ordering Activity requests that Cohesity proceed with problem determination at its possible expense and Cohesity determines that the error was not due to an Error, Ordering Activity shall issue a purchase order, at Cohesity’s then-current GSA consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Ordering Activity shall not be liable for (i) problem determination or repair to the extent problems are due to Errors; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Ordering Activity has notified Cohesity that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Cohesity). If Ordering Activity instructs Cohesity that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Ordering Activity’s instructions, Cohesity may, at its sole discretion, elect not to investigate the error with no liability therefor.

Error Priority Levels. Cohesity shall exercise commercially reasonable efforts to correct any Error reported by Ordering Activity Customer in the current unmodified release of a Product in accordance with the priority level assigned to such Error by Cohesity (in Cohesity’s sole and absolute discretion). • Priority 1 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) notify Cohesity management that such Errors have been reported and of steps being taken to correct such Error(s); (iii) provide Ordering Activity Customer with periodic reports on the status of the corrections; and (iv) in the case of Software Products, initiate work to provide Ordering Activity Customer with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 2 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) provide Ordering Activity Customer with periodic reports on the status of the corrections; and (iii) in the case of Software Products, initiate work to provide Ordering Activity Customer with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 3 Errors - Cohesity shall respond within the Initial Response Time and promptly commence the following procedures: (i) assign Cohesity engineers to correct the Error; (ii) provide Ordering Activity Customer with periodic reports on the status of the corrections; and (iii) in the case of Software Products, initiate work to provide Ordering Activity Licensee with a Workaround or Fix or, in the case of Hardware Products, initiate Hardware Support pursuant to Section 3 below. • Priority 4 Errors - Cohesity will use reasonable efforts to acknowledge Ordering ActivityCustomer’s problem report and commence reasonable efforts to supply a Fix for the Error. If Cohesity believes that a problem reported by Ordering Activity Customer may not be due to an Error, Cohesity will so notify Ordering ActivityCustomer. At that time, Ordering Activity Customer may (1) instruct Cohesity to proceed with problem determination at its possible expense as set forth below, or (2) instruct Cohesity that Ordering Activity Customer does not wish the problem pursued at its possible expense. If Ordering Activity Customer requests that Cohesity proceed with problem determination at its possible expense and Cohesity determines that the error was not due to an Error, Ordering Activity Customer shall issue a purchase orderpay Cohesity, at Cohesity’s then-current GSA and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Ordering Activity Customer shall not be liable for (i) problem determination or repair to the extent problems are due to Errors; or (ii) work performed under this paragraph in excess of its instructions; or (iii) work performed after Ordering Activity Customer has notified Cohesity that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Cohesity). If Ordering Activity Customer instructs Cohesity that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Ordering ActivityCustomer’s instructions, Cohesity may, at its sole discretion, elect not to investigate the error with no liability therefor.