Common use of Update Process Clause in Contracts

Update Process. 9.1. Fraxion shall use commercially reasonable efforts to  monitor the Hosted Application(s) and related infrastructure for opportunities to address performance, availability and security issues; and  at Fraxion’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Hosted Application(s) based on Fraxion innovation. 9.2. Fraxion’s update and release process, as updated from time to time, is described in Annexure C and Annexure D (the “Update Process”). 9.3. Customer shall upon notice comply with the Update Process and understands that only the latest release of the Hosted Application(s) contain the most current features, availability, performance and security, including software fixes. 9.4. Fraxion is not responsible for product defects or security issues affecting the Hosted Application(s) or failure to meet the Uptime SLA (defined in Annexure B) for Hosted Application(s) when Customer is not in compliance with the Update Process. 1. If service outages result in a failure of any production instance of a Hosted Application to meet an uptime availability requirement of 99.5% over a calendar month (“Uptime SLA”), Customer’s sole and exclusive remedy shall be a service credit equal to the greater of: (a) Ten percent (10%) of the Hosting and Support Fees set forth in the applicable Order Form for the applicable Hosted Application for that calendar month; or (b) The actual unavailability rate for that calendar month (as an example, if the Hosted Application has an uptime availability of 85% during a calendar month, then the service credit shall be fifteen percent (15%) of the applicable subscription fees for that calendar month). 2. The following events shall be excluded in calculating Uptime SLA: (a) Planned maintenance windows, which are described in Annexure D; and (b) Emergency maintenance (corrective maintenance as part of a system recovery following, for example, a security breach, the fixing of a critical bug/s or any other circumstance outside Fraxion's control) required to address an exigent situation with the Hosted Application that if not addressed on an emergency basis could result in Material harm to the Hosted Application. Fraxion shall provide advance notice of emergency maintenance via the Support Portal to the extent practicable. (c) Any unavailability caused by circumstances beyond Fraxion’s reasonable control, including without limitation, unavailability due to Customer or its Users’ acts or omissions, a Force Majeure Event, Internet service provider failures or delays, failure or malfunction of equipment or systems not belonging to or controlled by Fraxion, 3. Items (a) – (c) collectively, “Excused Downtime”. Fraxion reserves the right to perform planned maintenance outside the target periods above if circumstances require, and Fraxion shall provide prior notice to Customer via the Support Portal before doing so.

Update Process. 9.1. Fraxion shall use commercially reasonable efforts to  • monitor the Hosted Application(s) and related infrastructure for opportunities to address performance, availability and security issues; and  • at Fraxion’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Hosted Application(s) based on Fraxion innovation. 9.2. Fraxion▇▇▇▇▇▇▇’s update and release process, as updated from time to time, is described in Annexure C and Annexure D (the “Update Process”). 9.3. Customer shall upon notice comply with the Update Process and understands that only the latest release of the Hosted Application(s) contain the most current features, availability, performance and security, including software fixes. 9.4. Fraxion is not responsible for product defects or security issues affecting the Hosted Application(s) or failure to meet the Uptime SLA (defined in Annexure B) for Hosted Application(s) when Customer is not in compliance with the Update Process. 1. If service outages result in a failure of any production instance of a Hosted Application to meet an uptime availability requirement of 99.5% over a calendar month (“Uptime SLA”), Customer’s sole and exclusive remedy shall be a service credit equal to the greater of: (a) Ten percent (10%) of the Hosting and Support Fees set forth in the applicable Order Form for the applicable Hosted Application for that calendar month; or (b) The actual unavailability rate for that calendar month (as an example, if the Hosted Application has an uptime availability of 85% during a calendar month, then the service credit shall be fifteen percent (15%) of the applicable subscription fees for that calendar month). 2. The following events shall be excluded in calculating Uptime SLA: : (a) Planned maintenance windows, which are described in Annexure D; and (b) Emergency maintenance (corrective maintenance as part of a system recovery following, for example, a security breach, the fixing of a critical bug/s or any other circumstance outside Fraxion's control) required to address an exigent situation with the Hosted Application that if not addressed on an emergency basis could result in Material harm to the Hosted Application. Fraxion shall provide advance notice of emergency maintenance via the Support Portal to the extent practicable. (c) Any unavailability caused by circumstances beyond Fraxion’s reasonable control, including without limitation, unavailability due to Customer or its Users’ acts or omissions, a Force Majeure Event, Internet service provider failures or delays, failure or malfunction of equipment or systems not belonging to or controlled by Fraxion, 3. Items (a) – (c) collectively, “Excused Downtime”. Fraxion reserves the right to perform planned maintenance outside the target periods above if circumstances require, and Fraxion shall provide prior notice to Customer via the Support Portal before doing so.

Update Process. 9.1. Fraxion shall use commercially reasonable efforts to  • monitor the Hosted Application(s) and related infrastructure for opportunities to address performance, availability and security issues; and  • at Fraxion’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Hosted Application(s) based on Fraxion innovation. 9.2. Fraxion▇▇▇▇▇▇▇’s update and release process, as updated from time to time, is described in Annexure C and Annexure D (the “Update Process”). 9.3. Customer Client shall upon notice comply with the Update Process and understands that only the latest release of the Hosted Application(s) contain the most current features, availability, performance and security, including software fixes. 9.4. Fraxion is not responsible for product defects or security issues affecting the Hosted Application(s) or failure to meet the Uptime SLA (defined in Annexure B) for Hosted Application(s) when Customer Client is not in compliance with the Update Process. 1. If service outages result in a failure of any production instance of a Hosted Application to meet an uptime availability requirement of 99.5% over a calendar month (“Uptime SLA”), CustomerClient’s sole and exclusive remedy shall be a service credit equal to the greater of: (a) Ten percent (10%) of the Hosting and Support Fees set forth in the applicable Order Form for the applicable Hosted Application for that calendar month; or (b) The actual unavailability rate for that calendar month (as an example, if the Hosted Application has an uptime availability of 85% during a calendar month, then the service credit shall be fifteen percent (15%) of the applicable subscription fees for that calendar month). 2. The following events shall be excluded in calculating Uptime SLA: : (a) Planned maintenance windows, which are described in Annexure D; and (b) Emergency maintenance (corrective maintenance as part of a system recovery following, for example, a security breach, the fixing of a critical bug/s or any other circumstance outside Fraxion's control) required to address an exigent situation with the Hosted Application that if not addressed on an emergency basis could result in Material harm to the Hosted Application. Fraxion shall provide advance notice of emergency maintenance via the Support Portal to the extent practicable. (c) Any unavailability caused by circumstances beyond Fraxion’s reasonable control, including without limitation, unavailability due to Customer or its Users’ acts or omissions, a Force Majeure Event, Internet service provider failures or delays, failure or malfunction of equipment or systems not belonging to or controlled by Fraxion, 3. Items (a) – (c) collectively, “Excused Downtime”. Fraxion reserves the right to perform planned maintenance outside the target periods above if circumstances require, and Fraxion shall provide prior notice to Customer via the Support Portal before doing so.