Definitions and Effects. Term Definition Application Releases Application Release means an updated version of the System software that will be deployed into Agency’s Production environment. At-Risk Amount The At-Risk Amount is the maximum amount of a Credit Rebate that Agency is entitled to with respect to any SLR during the SLR’s Reporting Period, and is equal to 10% of the sum total amount payable for Ongoing Maintenance and Support Fees (Schedule 1, Part D.3) during the applicable Reporting Period. Continual Improvement On the anniversary of the date that Agency notifies Contractor of successful completion of the Phase 2 System Stabilization Period (and annually thereafter), those SLRs or KPIs marked “Continual Improvement Eligible” shall have their Performance Requirement improved by 5% of the gap between current Performance Requirement and perfection. Example: An SLR with a Performance Requirement of 80% would improve according to: Perfection = 100%; Difference between current target and perfection = 100% minus 80% = 20%. An improvement of 5% on the 20-% gap equals 5% times 20% = 1% The new Performance Requirement would be 81% For clarity, those SLRs where a lower percentage is the desired outcome, perfection is assumed to be 0%. Credit Rebate Credit Rebate means an SLR that is eligible to earn back a Fee Reduction by continuously meeting or exceeding the SLR for consecutive Measurement Periods. If Contractor believes it is entitled to a Credit Rebate it shall notify Agency and provide documentation demonstrating that it has earned the Credit Rebate. Contractor may invoice Agency for a Credit Rebate in the first monthly invoice following Agency’s confirmation that Contractor is entitled to the Credit Rebate. CSP Passthrough A CSP Passthrough is a type of SLR Credit where the Parties have agreed that Failure is mostly or entirely the result of the cloud hosting provider. The amount of a CSP Passthrough is determined by the CSP. In this event, any credits given to the Contractor by the CSP during the Measurement Period shall be given to Agency as a credit. CSP Passthrough SLR Credits are not subject to earn back. Any CSP Passthrough SLR Credits will not be counted against the At-Risk Amount for purposes of calculating the maximum SLR Credits to which Contractor may be subject during any period. Election Business Hours Elections Business Hours means 8am – 5pm PT, except for Election Days. On an Election Day, Election Business Hours are 7am – 10:00pm PT. Election Cycle Election C...
