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3. CLIENT OBLIGATIONS. <br />Client shall be responsible for the accuracy of all data utilized by Balancing Act under this <br />Agreement and shall comply with all laws and governmental regulations affecting its use, <br />including all open and public records laws. Balancing Act shall have no responsibility to <br />advise Client about the applicability of any laws or regulations that may apply to this <br />Agreement. <br />4. SERVICE LEVEL AGREEMENT <br />A. S_ Mort Services. <br />(i) Balancing Act's web platform will be operational and available to <br />Client at least 99.5% of the time in any calendar month (the <br />"Balancing Act Application SLA"). If Balancing Act does not meet <br />the Balancing Act Application SLA, Client will be eligible to receive <br />the Support Service Credits described below: <br />Uptime Percentage <br />Support Service Credit (Days) <br />< 99.5% - >= 99.0% <br />3 <br />< 99.0%->=95.0% <br />7 <br />< 95.0% <br />15 <br />(ii) Service Credit Request. In order to receive any of the Support <br />Service Credits described above, Client must notify Balancing Act <br />within 30 days from the time Client becomes eligible to receive a <br />Service Credit. Failure to comply with this requirement will forfeit <br />Client's right to receive a Service Credit. <br />(iii) Maximum Service Credit. The aggregate maximum number of <br />Support Service Credits to be issued by Balancing Act to Client for <br />all Downtime that occurs in a single calendar month shall not exceed <br />fifteen days of Service added to the end of Client's term for the <br />Service. Support Service Credits may not be exchanged for, or <br />converted to, monetary amounts. <br />(iv) Application SLA Exclusions. The Balancing Act Application SLA <br />does not apply to any services that expressly exclude this Balancing <br />Act Application SLA or any performance issues: (i) caused by <br />factors described in the "Force Majeure" section of the Agreement; <br />or (ii) that resulted from Client's equipment or third party <br />equipment, or both (not within the primary control of Balancing <br />Act). <br />3 <br />