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Benevate Inc. SAAS Subscription Agreement <br /> workaround available. <br /> (i) Response Metric: Company will use commercially reasonable efforts to respond and resolve all <br /> Standard tickets within eight(8)business hours of notification. <br /> b. Priority Ticket: Software is usable,but some features(not critical to operations)are unavailable. <br /> (i) Response Metric: Company will use commercially reasonable efforts to respond to all Priority tickets <br /> within two(2)hours and resolve Priority tickets within six(6)business hours of notification. <br /> c. Emergency Ticket: Issue has rendered software unavailable or unusable, resulting in a critical impact on <br /> business operations.The condition requires immediate resolution. <br /> (i) Response Metric:Company will use commercially reasonable efforts to respond to all Emergency tickets <br /> within one(I)hour and resolve Emergency tickets within two(2)business hours of notification. <br /> 5. Remedies. If Customer reasonably believes that Company has failed to achieve its Service Availability <br /> commitments in any given month,the Company shall,following Customer's written request,provide a report that <br /> contains true and correct information detailing Company's actual Service Availability performance. Customer <br /> must have reported an issue with the Service Availability within the calendar month and must request the report <br /> within ten (10) days of the end of the calendar month. The sole remedies for failure to meet the Service <br /> Availability level of commitment is a service refund based on the following: <br /> a. less than 99.5%but equal to or above 97%,Company shall provide Customer with a root cause analysis and <br /> a written plan for improving Company's Service Availability to attain the 99.5% Service Availability and <br /> Company shall promptly implement such plan; <br /> b. between 96.9%and 95%,Company shall provide Customer with a service refund in an amount equal to 10% <br /> of the prorated amount of the Subscription Fees for one month; <br /> c. between 94.9%and 92%,Company shall provide Customer with a service refund in an amount equal to 25% <br /> of the prorated amount of the Subscription Fees for one month; <br /> d. Less than 92%, Company shall provide Customer with a service refund in an amount equal to 100%of the <br /> prorated amount of the Subscription Fees for one month. <br /> 6. Exclusions. Company shall have no liability for, and shall make no representations or warranties respecting <br /> Service Availability or lack of availability of the Software due to: (1) outages caused by the failure of public <br /> network or communications components; (2)outages caused by a Force Majeure event; (3) outages or Errors <br /> caused by the Customer's use of any third-party hardware, software, and/or services; (4)Errors caused by the <br /> individual Authorized User's desktop or browser software; (5) Errors caused by the Customer's negligence, <br /> misconduct, hardware malfunction, or other causes beyond the reasonable control of the Company; and/or(6) <br /> Customer has not paid Fees under the Agreement when due. <br /> 11 <br />