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(b) Any Service Leve Credit payable to Customer under this Agreement will be issued to Customer in the last calendar month of the Term. This Section 3 sets forth SmartWorks'sole obligation and liability and Customer's sole remedy for any Service Level Failure. 4. Routine Scheduled Downtime. For the purposes of this Schedule B, "Routine Scheduled Downtime" means a period of time during which Smar8Works conducts routine system maintenance and for which SmaMtWorks has provided Customer written notice a minimum of three business days prior to such period' which will be between 6PK4 and midnight Central Time on weekdays and or any time on weekends, as agreed by the parties. 5. Factors Outside SmortWorks's Reasonable Control. For the purposes of this Schedule B, outages due to force majeure events include power surges or network ordevice failure external to SmartVVorks' data centers. In the event ofo fmn;emajeun* event, SmortVVorks shall be entitled totake any actions determined, in its sole discretion, necessary oradvisable to prevent, nemedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security. or like concern to SmartWorks' hosting infrastructure resulting from such force majeure event ("Emergency Work"). SmortWorks shall provide advance notice of such Emergency Work to Customer when practicable and possible. SmartWorks shall not be held responsible for any deterioration of performance or un-Availability during such force majnureevents nrEmergency Work. 6. Unauthorized Actions. SmodVVorksshall not beresponsible for any un-Avoi|obi|itythat results from Customer's unauthorized action or lack of action when required. or from Customer's empXoyees, ogents, contnactors, or vendors, or anyone gaining access to the Services by means of Customer passwords or equipment, or otherwise resulting from Customer failure to follow appropriate security practices. Although SmadVVorkm will use commercially reasonable efforts to mitigate the effects of any such events, SmartWorks cannot guarantee that such events will not occur. Accordingly, SmartWorks disclaims any and all liability resulting from mrrelating tosuch events. 7. Failure to Adhere to Requirements. SmartWorks shall not be responsible for any un-Availability which results from Customer's failure to adhere to any required configurations, follow any policies for acceptable use or use of the Services in a manner inconsistent with the features and functionality of the Services (for example, attempts to perform operations that are not supported, exceeding prescribed quotas, if opp|icob|e, or suspected abusive behavior) or inconsistent with SmodWorka' published guidance. N. Harris CvmputerCorpmramon—nonnmnntia| Page 17m18