Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription

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SOLICITATION # CH16012 Fieldglass Fieldglass' business continuity program (BC Program) was established to ensure that, after a complete disruption of its Chicago and/or Naperville, Illinois offices, all employees and the functions for which they are responsible, are capable of continued operations in less than one business day. This includes office space as well as all equipment and supplies needed to continue its operations without an interruption in customer services. Fieldglass' BC Program is integrated into all facets of the company due to the criticality of the product that it sells and supports. As such, representatives from all areas of the company are responsible for ensuring that they are familiar with their duties and responsibilities during a disruption and how to recover their areas after the disruption occurs. Hanna Service Level Credits Where SAP fails to meet a Service Level, SAP will be liable to Customer for the corresponding Service Level Credit as set out in this section. The Service Level Credit is calculated as the sum of the Service Level Credits for both DEV/QAS and PRD for the TA Service Level defined in section 5.1 above. SAP will deduct the amount of any Service Level Credits owed to Customer from the next invoice (or, if there is no such invoice, by bank transfer to such bank account as Customer may specify in writing). Customer agrees that under no circumstances will the total maximum Service Level Credits: (i) for any one month, exceed 100% of the Service Fee for that month; and, (ii) for any given contract year, exceed in the aggregate an amount equal to one- third of the annual Service Fee charged for the contract year (or one third of the total Service Fee charged if the Term as defined in the applicable Order Form is less than one (1) year). Customer acknowledges that the Service Level Credits defined hereunder are the sole remedy for SAP's failure to meet the specified Service Level. 5.6 Termination for Service Level Failure Customer may terminate the applicable Order Form with thirty (30) day's termination notice in writing to SAP, if SAP misses a Service Level as specified in this Supplement for three (3) months in sequence. Customer may exercise this termination right only within thirty (30) days after receipt of the respective Service Level report that documents the applicable Service Level failure that would cause such termination right to accrue in Customer. Hybris SAP isn't likely to go out of business in the near future. However, our contract states the following: Upon expiration or termination of the Agreement, SAP may destroy or otherwise dispose of any of Customer Data in its possession unless SAP (i) is requested by Customer to extend the term of the Order Form as permitted in the Order Form to allow Customer to retrieve Customer Data, or (ii) receives, no later than thirty (30) days after the effective date of the termination of this Agreement, a written request for the delivery to Customer of the then most recent back-up of the Customer Data. SAP shall use reasonable commercial efforts to deliver the back-up to Customer within thirty (30) days of its receipt of such a written request, provided that Customer has, at that time, paid all fees and charges outstanding and owed at termination. Customer shall pay all reasonable fees and expenses incurred by SAP in returning or disposing of the Customer Data. carahsoft 106 carahsoft