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SOLICITATION # CH16012 <br />b. Any act or omission of Customer or any of its employees, agents or contractors (including Customer's third party <br />service providers or other third parties acting on behalf of Customer); <br />c. Any hardware, software or other product of a third -party or Customer equipment; <br />d. Any failure of Customer to secure the proper access rights or maintenance and support services with respect to <br />any component of the Services (e.g., hardware, software, network, maintenance) for which Virtustream does not bear <br />operational responsibility; <br />e. Downtimes resulting from a Virtustream's scheduled maintenance windows; <br />f. Customer's reprioritization of the tasks to be performed by Virtustream where such reprioritization causes <br />Virtustream to miss a Service Level; <br />g. Viruses; provided that the infected Virtustream-provided system had virus protection for which the virus protection <br />software updates were up to date; <br />h. An election by Customer to purchase a base commitment that is not sufficient to run Customer's system (e.g., If a <br />customer elects to size a pVM pool that is insufficient to run the designated workload); <br />i. Issues occurring outside of standard working hours (as defined for business level customers) — for which the <br />Service Level Objectives (SLOs) do not apply; <br />j. Cloud Cover Services (CCS) offerings — for which the Service Level Objectives (SLOs) do not apply; <br />k. Resolution delays due to lack of client response and/or Customer provided credential based information; <br />I. Priority levels not agreed upon by both customer and supplier; <br />m. Claims of performance degradation not substantiated through Customer provided diagnostic testing results. <br />5.7 Recertification of Mandatory Minimums and Technical Specifications <br />Offeror must acknowledge that if it is awarded a contract under the RFP that it will annually certify to the <br />Lead State that it still meets or exceeds the technical capabilities discussed in its proposal. <br />Carahsoft acknowledges that if awarded a contract under the RFP that it will annually certify to the Lead State that it <br />still meets or exceeds the technical capabilities discussed in this proposal. <br />carahsoft 11 carahsoft <br />