Provider shall operate a system for measuring Monthly Uptime, monthly Downtime, the speed of all Transactions, and each Trouble Ticket’s Response and Remedy rates (each a “Service Level”). Within __ business days of the end of each calendar month, Provider shall give Customer an accurate report of each Service Level during such month.
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Provider shall exercise reasonable efforts to achieve this SLA’s target Service Levels (specifically, Service Level performance that does not lead to Credits).
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All Downtime is included in calculation of Monthly Uptime, no matter how brief.
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“Downtime” means any period during which the following System features do not perform materially according to their Specifications: _ [list key features]. Notwithstanding the foregoing, Downtime does not include: (a) failures resulting from Customer’s errors or those of its agents or failures of software or equipment operated by Customer or under its control; (b) Scheduled Maintenance of _ hours or less during the calendar month, provided such maintenance does not occur during Critical Business Hours (as defined _); or (c) failures due to Force Majeure (as defined in Section , Force Majeure), subject to Section (Business Continuity and Disaster Recovery). Downtime begins upon the failure of the System, regardless of the time of Trouble Ticket submission.
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For any Level 1 Error not Resolved within _ hours or any Level 2 Error not Resolved within _ hours, Provider shall promptly assign an engineer with the following qualifications: __.
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Without limiting Customer’s termination rights in the main body of this Agreement, Customer may terminate this Agreement for cause in response to any of the following: (a) more than _ Level 1 Errors during any month period; (b) failure of the same Service Level during _ consecutive calendar months; or (c) Credits accrued in excess of % of fees payable pursuant to the Agreement during any _ month period.