SOFTWARE RELIABILITY Clause Samples

SOFTWARE RELIABILITY. Supplier understands and agrees that Hosted Software shall be available at 99.5% of the time. With the exception of pre-scheduled maintenance periods, Supplier shall provide a level of availability equal to 99.5 percent of 7x24 uptime (net maintenance). The availability metric is measured and calculated as the total system server and website application uptime during the quarter (in minutes) divided by the total time in a quarter, less any scheduled maintenance periods (in minutes), multiplied by 100 to yield a percentage (i.e. 99.5 percent) Any Maintenance downtime during the Help Desk hours stated below, shall not take longer than 10 minutes and Supplier shall make reasonable efforts to notify UCLA prior to any maintenance during this window. Supplier shall provide the following credits to UCLA for any quarter, when Application availability falls within these thresholds: ­ Between 99% & 99.5% 5% of the quarter’s hosting fees Between 98 & 99% 10% of the quarter’s hosting fees Between 98% & 97% 15% of the quarter’s hosting fees Between 93% & 95% 20% of the quarter’s hosting fees Between 90% & 93% 22% of the quarter’s hosting fees Between 87% & 90% 25% of the quarter’s hosting fees Between 83% & 87% 27% of the quarter’s hosting fees Between 80% & 83%. 30% of the quarter’s hosting fees Less than 80% 35% of the quarter’s hosting fees There shall be no more than one of the above credits for Application Availability during any quarter, and UCLA shall receive the highest credit amount warranted per the above Table A., during that quarter. UCLA may terminate the Agreement immediately, in the event the hosted Service does not meet the following Application availability thresholds during the contract term: Application availability falls below 85% or less in 1 or more quarters. Application availability falls below 90% or less in 2 or more quarters. Application availability falls below 99% or less in 3 or more quarters.