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1, <br /> meridian <br /> modified or refined unless amended by both Parties under a written and signed amendment. The <br /> issuance of any additional terms and conditions by either Party hereto included with purchase <br /> orders or other documents are null and void. In the event of any conflict between these General <br /> Terms and Conditions and a provision of any Schedule,the provision of the Schedule will control, <br /> but only with respect to the subject matter of the Schedule. <br /> 27. Service Level Agreement and Software Support <br /> The Services provided by MERIDIAN under this agreement are bound by the Service Level Agreement <br /> (SLA)as described herein. In the case of an SLA violation, the respective remedies described herein <br /> will apply. The SLA penalty applicable in any given month is subject to a total cumulative penalty cap <br /> of 10%of the current month's hosting service fees("Service Credits"). <br /> Any Service Credits due under this agreement will be credited promptly but in no event later than the <br /> quarter following the calculation of the Service Credit. <br /> MERIDIAN will be provided a ramp up period of ninety(90)days from software Go Live (Production <br /> go live date)before any SLA requirements and subsequent remedies go into effect. <br /> System Availability: will mean, with respect to any particular calendar month, the ratio obtained by <br /> subtracting Unscheduled Downtime during such month from the total time (measured in minutes) <br /> during such month, and thereafter dividing the difference so obtained by the total time during such <br /> month. Represented algebraically, System Availability for any particular calendar month is determined <br /> as follows: <br /> System Availability- (Total Monthly Time-Unscheduled Downtime) <br /> Total Monthly Time <br /> Note: "Total Monthly Time" is deemed to include all minutes in the relevant calendar month excluding <br /> minutes of downtime caused by Scheduled Downtime, only to the extent such minutes are included <br /> within the Subscription Agreement Term. <br /> MERIDIAN will undertake commercially reasonable measures to ensure that System Availability <br /> equals or exceeds 99.70 % during each calendar month. MERIDIAN will undertake commercially <br /> reasonable measures to notify CLIENT in advance of Scheduled Downtime. The timing of Scheduled <br /> Downtime is subject to change at MERIDIAN's sole discretion. <br /> Measurement and Reports: MERIDIAN will monitor System Availability metrics on an ongoing basis. <br /> All measurements of System Availability will be calculated on a monthly basis for each calendar month <br /> during the term of this agreement. MERIDIAN shall provide the System Availability report to CLIENT, <br /> on an as required basis, when requested by CLIENT. This report will contain performance metrics <br />