Software License and Services Agreement; ELEMOS Software - AMCS Group, Inc.

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MAMCS Prepared for: The City of South Bend AMCS Cloud Performance: AMCS will use all reasonable efforts to ensure the AMCS Cloud Environment has no more than 90 minutes downtime per month on a rolling 12 month period outside of the Excluded Minutes detailed below under Service Level Exclusions. Transaction Log backups are taken at hourly intervals to provide "point in time" recovery. Full daily backups of the Customer database are taken and retained for seven (7) days. "AMCS Cloud Environment" means the Platform and Infrastructure that the Service resides on. "Claimed Downtime" means the time greater than 15 continuous minutes during which you claim a Loss of Services during a rolling 12 month period. "Excluded Minutes" means the period of any downtime that is attributed to one or more of the Exclusions as specified in the AMCS Cloud Environment Commitment Exclusions. "Infrastructure" means the composite hardware, software, network resources and services required for the existence, operation and management of an IT environment. "Loss of Service" means your inability to connect to the AMCS Cloud Environment providing your Services to access the Service. If you can connect to the AMCS Cloud Environment to access your Service, there is no Loss of Service. "Platform" means any hardware or software used to host an application or service. "Services" means the services ordered by you and accepted by AMCS as provided under this Agreement. "Verified Outage" means a Claimed Downtime for a particular Service that has been verified by AMCS. ® AMCS Page 5 of 7 Proposal #02022017-003MH Confidential and Proprietary Information V4.4 03/06/2015 4847-7359-7190 1