Common use of Facility Availability Clause in Contracts

Facility Availability. NAC Data Centers will be available on a 7 (day) x 24 (hour) x 365 (day) basis, except for Scheduled Outages which NAC will inform Customer of it at least seven (7) days in advance. Such notice to Customer regarding Scheduled Outages shall include an estimate as to the expected duration of the Scheduled Outage. NAC Data Centers are designed with environmental support system redundancy and managed environmental system infrastructures that provide for un-interruptible power and cooling for all components within such NAC Data Center. These systems are designed to maintain standard computer servers (HP, IBM, DELL, etc) within their normal operating temperature range. NAC will continuously monitor capacity levels for power generation, cooling, and un-interruptible power supply systems at NAC Data Centers. NAC will, at NAC expense, upgrade or improve capacity levels within NAC Data Centers as necessary. Capacity upgrades will follow the established change management practices described in this SLA. NAC’s performance level for Facility Availability is set as 99.99% available. Availability will be calculated monthly using total actual minutes available divided by total possible minutes available. Availability calculations will exclude Scheduled Outages. Any failure shall be reported by Customer to NAC. NAC shall then issue a trouble ticket and track such failure in order to resolve it. Such trouble ticket, along with Customer’s own documentation related to such failure report shall be reviewed and analyzed by NAC and Customer, in order to jointly determine the source of failure as well as the relevant degree of facility availability at the time of such failure, for the purpose of determining whether Customer is eligible for a Service credit. The Network Operations Center (NOC) is available 24x7x365 and will respond as quickly as reasonably possible when it becomes aware of and/or is notified of a facilities failure in that causes loss of availability to CUSTOMER and/or its users: In the event of a Severe Failure (as defined below), NAC will respond promptly and begin resolving the failure as quickly as reasonably possible. In any other event, NAC shall respond within 4 hours. In any event NAC shall work diligently and continuously to solve any failure.

Facility Availability. NAC Data Centers will be available on a 7 (day) x 24 (hour) x 365 (day) basis, except for Scheduled Outages which NAC will inform Customer of it at least seven (7) days in advance. Such notice to Customer regarding Scheduled Outages shall include an estimate as to the expected duration of the Scheduled Outage. NAC Data Centers are designed with environmental support system redundancy and managed environmental system infrastructures that provide for un-interruptible power and cooling for all components within such NAC Data Center. These systems are designed to maintain standard computer servers (HP, IBM, DELL, etc) within their normal operating temperature range. NAC will continuously monitor capacity levels for power generation, cooling, and un-interruptible power supply systems at NAC Data Centers. NAC will, at NAC expense, upgrade or improve capacity levels within NAC Data Centers as necessary. Capacity upgrades will follow the established change management practices described in this SLA. NAC’s performance level for Facility Availability is set as 99.99% available. Availability will be calculated monthly using total actual minutes available divided by total possible minutes available. Availability calculations will exclude Scheduled Outages. Any failure shall be reported by Customer to NAC. NAC shall then issue a trouble ticket and track such failure in order to resolve it. Such trouble ticket, along with Customer’s own documentation related to such failure report shall be reviewed and analyzed by NAC and Customer, in order to jointly determine the source of failure as well as the relevant degree of facility availability at the time of such failure, for the purpose of determining whether Customer is eligible for a Service credit. The Network Operations Center (NOC) is available 24x7x365 and will respond as quickly as reasonably possible when it becomes aware of and/or is notified of a facilities failure in that causes loss of availability to CUSTOMER and/or its users: In the event of a Severe Failure (as defined below), NAC will respond promptly and begin resolving the failure as quickly as reasonably possible. In any other event, NAC shall respond within 4 hours. In any event NAC shall work diligently and continuously to solve any failure.