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SCHEDULE B SERVICES AVAILABILITY 1. Availability Requirement. SmartVVorkashall use commercially reasonable efforts bomake the Services Avai|able1UU%ofthetimeof the time in any given calendar month as measured over the course of the total number of days in each calendar month during the Term (each such calendar month, o "Service Period^), excluding un-Availability asaresult nfany ofthe Exceptions described below inthis Section 1 (the "Availability Requirernent') "Service Level Failure" means amaterial failure nfthe Services tomeet the Availability Requirement. "Available" means the Services are available for access and use by Customer in a production environment. For the purposes of calculating the Availability Requirement, the Services will not be considered un-Available and no Service Level Failure will be deemed to have occurred in connection with any failure to meet the Availability Requirement that is due, in whole or in part, to any: (u) Customer Cause:; (b) Customer's Internet connectivity, (n) aforce ma)eureevent (as described in Section 20(m)), (d)fai|ure, interruption, outage, or other prob|�m with any softvvana, hurdwone, system, network, facility, Or other matter not supplied by GmortWnrks pursuant to this Agreement; (e) Routine Scheduled Downtime:; Ml any interruption to the access oruse mfthe Services that occurs in a non -production environment; (g) Emergency Work; or (i) disabling, suspension, ortermination mfthe Services for cause bySmortVVorks For clarity, references to^Custnmer'in this Schedule B include Authorized Users. 2. Customer Cause. For the purposes ofthis ScheduleB\'YCustommrCmusm"meanaanyofthefoUovvnQoamsem:(a)anyneg|igerd or improper use, misapplication, misuse or abuse of, or damage to. the Services by Customer or its representatives:" (b) any interference or modification to or alteration of the Services by Customer or its representatives- (c) any use of the Services by Customer or its representatives in a manner inconsistent with the then -current Documentation; (d) any use by Customer or its representatives of any third party products that SmortWVrks has not provided or caused to be provided to Customer', or (e) any use by Customer of non- current version or release of Third Party Compmnento, notwithstanding notice from SmortWorkm that updates, fixes orpatches are required. 3. Service Level Failures and Remedies. (a) In the event of Service Level Failure, SmmrtVVodkm uheU issue o credit to Customer in the amounts set out in the table below (a "Service Level Credit"), provided however, thedSmmrtVVorka has no obligation to issue any Service Level Credit unless Cuskzmer� (i) reports the Service Level Failure to SmortWorks immediately on becoming aware of it-, and (ii) requests such Service Level Credit in writing within ten (1O)days ofthe Service Level Failure. Service Period Availability Service Level Credit (Percentage of Monthly Payment of Annual Subscription Fee) Equal to or greater than 99% 0% Equal to or greater than 98% 3% Equal to or greater than 97% 5% Equal to or greater than 95% 10% Less than 95% 15% The Service Period Availability is calculated bysubtracting the total number ofminutes that the Services are un-Available in a Service Period from the total number of minutes in a Service Period and then dividing the difference by the total number of minutes in a Service Period. N. Harris CvmputerCorpmramon-nonnmnntia| Page 16ov18