1E9Ct5D

hundredths percent (99.95%)/[PERCENTAGE IN WORDS] ([NUMBER]%)] of thetime, excluding only the time the Hosted Services are not Available solely as a result ofone or more Exceptions (the "Availability Requirement"). "Available" means theHosted Services are available and operable for access and use by Customer and itsAuthorized Users over the Internet in [full/material] conformity with the Specifications."Availability" has a correlative meaning. The Hosted Services are not consideredAvailable in the event of [any/a material] performance degradation or inoperability of theHosted Services, in whole or in part.5.2 Exceptions. No period of Hosted Service degradation or inoperability will beincluded in calculating Availability to the extent that such downtime or degradation isdue to any of the following ("Exceptions"):(a)(b)Customer's misuse of the Hosted Services;failures of Customer's or its Authorized Users' internet connectivity;(c) internet or other network traffic problems other than problems arising in orfrom networks actually or required to be provided or controlled by Provider [or itsSubcontractor]; [or](d) Customer's or any of its Authorized Users' failure to meet any minimumhardware or software requirements set forth in the Specifications[; or(e) Scheduled Downtime as set forth in Section 5.3].5.3 Scheduled Downtime. Provider shall notify Customer at least twenty-four (24)hours in advance of all scheduled outages of the Hosted Services in whole or in part("Scheduled Downtime"). All such scheduled outages shall: (a) last no longer than one(1) hour; (b) be scheduled between the hours of ([NUMBER]) a.m. and ([NUMBER])a.m., [TIME ZONE/LOCATION] Time; and (c) occur no more frequently than[once/[OTHER FREQUENCY]] per [week/[OTHER PERIOD]]; provided that Providermay request for Customer's approval, extensions of Scheduled Downtime above one (1)hour and such approval by Customer may not be unreasonably withheld or delayed.5.4 Service Availability Reports. [Within [thirty (30)/[NUMBER IN WRITING]([NUMBER])] days after the end of each Service Period/In real time simultaneously withthe performance of the Hosted Services], Provider shall provide to Customer a reportdescribing the Availability and other performance of the Hosted Services during [that/thecurrent] calendar month and the [calendar/contract] year-to-date as compared to theAvailability Requirement and Specifications. The report shall be in electronic or suchother form as Customer may approve in writing and shall include, at a minimum: (a) theactual performance of the Hosted Services relative to the Availability Requirement andSpecifications; and (b) if Hosted Service performance has failed in any respect to meet or13