Master Services Agreement - Accela Inc - Software for Code Enforcement

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EXHIBIT A AVAILABILITY AND SECURITY Service Availability: Accela will use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer's use of the Subscription Services provided hereunder and in an applicable Order Form and (b) operate and manage the Subscription Services with a ninety-nine and one-half percent (99.5%) uptime goal (the "Availability SLA"), excluding situations identified as "Excluded" below. "Excluded" means any outage that results from any of the following; a. Any maintenance performed by Accela during Accela's standard maintenance windows. Accela will notify Customer within forty-eight (48) hours of any standard maintenance and within twenty- four (24) hours for other non-standard emergency maintenance (collectively referred to herein as "Scheduled Maintenance"). b. Customer's information content or application programming, or the acts or omissions of Customer or its agents, including, without limitation, the following: 1. Customer's use of any programs not supplied by Accela; 2. Customer's failure to provide Accela with reasonable advance prior notice of any pending unusual large deployments of new nodes (i.e., adding over ten (10) percent total nodes in less than twenty-four (24) hours); 3. Customer's implementation of any significant configuration changes, including changes that lead to a greater than thirty percent (30%) change in a one week period or greater than fifty percent (50%) change in a one month period in the number of key objects in the system including but not limited to metrics, snapshots, nodes, events and business transactions; and 4. Any mis-configuration by Customer (as determined in Accela's sole discretion), including, without limitation, configuration errors and bad or unintended usage of the Subscription Services. 5. Force majeure or other circumstances beyond Accela's reasonable control that could not be avoided by its exercise of due care. d. Failures of the Internet backbone itself and the network by which Customer connects to the Internet backbone or any other network unavailability. e. Any window of time when Customer agrees that Subscription Services availability/unavailability will not be monitored or counted. f. Any problems resulting from Customer combining or merging the Subscription Services with any hardware or software not supplied by Accela or not identified by Accela in the Specifications as being compatible with the Subscription Services. g. Interruptions or delays in providing the Subscription Services resulting from telecommunication or Internet service provider failures. �. ,.. ...__..... ............. ............. ............. , . �..... ...... .............. 11 Form Approved by Legal (v09052ol8)