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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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1/27/2025 5:03:20 PM
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1/21/2025 2:16:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
26
Date
1/21/2025
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6.2. Remedy <br />6.2.1 In the event that the Cloud Subscription does not meet the monthly service availability defined in 6.1, <br />FreEye will provide a credit to the Customer in accordance to the table below ("Credit") for a validated SIA <br />Claim (defined below). <br />Percent of System Availability per Calendar Month <br />Service Credif <br /><99.9% <br />25% <br /><99.0% <br />50% <br /><98.0% <br />100% <br />6.2.2 For determining the Credit, the duration of a Service Outage will be measured as the Time starling when <br />There is a disruption in Cloud Subscription and ending when a successful solution or workaround allowing for full <br />restoration of the Cloud Subscriptions is provided by FreEye to Customer. Customer must notify FreEye in writing <br />of any Service Outage no later Than fifteen (15) days after the date the Service Outage occurred ("SIA Claim") <br />to be entitled to a Credit for that Service Outage. <br />6.2.3 Any Credits earned by Customer hereunder will be applied to The Subscription Fees owed by Customer <br />for the next Subscription Term for which the Credit applies. If Credits cannot be applied to future Subscription <br />Fees because the Subscription Tern has terminated for non -renewal or for a material uncured breach by <br />Customer, such credits shall become null and void. If Credits cannot be applied to future Subscription Fees <br />because the Subscription Term has terminated due to a material uncured breach by FireEye, FireEye will promptly <br />pay Customer the amount of the Credit. <br />6.2.4 Customer shall not be entitled to receive a Credit That exceeds 100%of its prorated monthly <br />Subscription Fee for a Service Outage for the applicable calendar month. <br />confidential FreEye Rev. BIM16 <br />Page 31 <br />
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