Failure to Perform; Root-Cause Analysis. If FIS becomes aware of its failure to meet any Service Level, whether through internal monitoring or by receipt of notice from FNT, (each such event being a "Failure Recognition Event"), FIS shall promptly assess the nature, severity and tractability of the failure and provide either a solution or work-around with respect to such failure within twenty-four (24) hours of the Failure Recognition Event (or within any lesser period which may be required by Exhibit H or otherwise with respect thereto) and, if providing a work-around, will correct such failure as promptly as possible, but in any event within five (5) days of the Failure Recognition Event (or within any lesser period which may be required by Exhibit H or otherwise with respect thereto), at no additional cost to FNT. FIS shall use reasonable commercial efforts to minimize the time that a work around (as opposed to a solution) is utilized. FIS shall complete a root-cause analysis within fifteen (15) calendar days of the Failure Recognition Event. During such process, FIS shall keep FNT apprised of progress toward a resolution. Further, FIS shall, at its expense, promptly investigate, assemble and preserve pertinent information with respect to, and report on the causes of, the problem causing the Service Level failure, including performing a root-cause analysis of the problem to identify the cause of such failure. If the root-cause analysis reflects that FNT Software, FNT Third Party Software (except FNT Third Party Software licensed by FNT that is not FNT Approved Software) or FNT Equipment was the primary basis in FIS'S failing to meet the Service Level or if such failure is due to an exception to Service Level performance under Exhibit H, then (a) FIS will promptly provide FNT with a complete copy of such root-cause analysis including a detailed description of the causes of the failure and the actions taken by FIS to correct such failure, (b) FNT shall reimburse FIS for any out of pocket costs or expenses incurred by FIS for correction of such failure, (c) FIS shall be excused from the compliance of applicable Service Levels and the payment or credit of any Service Level Credits to the extent such performance is within one or more of the Service Level exceptions reflected on Schedule H, and (d) FNT will compensate FIS at FIS'S full rates under this Agreement for any incremental personnel, beyond those that would otherwise be performing Services, required for FIS to correct the failure.
