Common use of PERFORMANCE STANDARDS AND SPECIFICATIONS Clause in Contracts

PERFORMANCE STANDARDS AND SPECIFICATIONS. 5.1 DBC will provide all DBC Services in a professional manner, consistent with industry standards. 5.2 DBC will use its best efforts to cause all hosting and data services to meet the Performance Specifications (attached hereto as Schedule A, and hereby made a part of this Agreement). 5.3 In the event that DBC materially fails to meet the Up-Time Requirements set forth in the Performance Specifications during any MarketWatch Business Day, defined below, MarketWatch's payments for the DBC network operations set forth in Section 1.1(a)(iii) hereof for that month shall be reduced by a percentage equal to the hours that the DBC Services failed to meet such Performance Specifications divided by the number of hours in the business days for that month. A "MarketWatch Business Day" shall be considered to run from the hours of 4AM to 8PM PST. DBC shall not be responsible for failures caused by MarketWatch's fault, or by the actions of a non-affiliated third party, provided that DBC has taken reasonable actions to anticipate and handle any such failure caused by a third-party, and further provided that DBC shall credit MarketWatch with any credits or payments received from third parties related to such failure. DBC shall use its best efforts to ensure that all third parties conform to the provisions hereof. 5.4 DBC shall provide, at DBC's out-of-pocket cost, a redundant hosting center capable of providing immediate back up capability and such Internet connectivity as reasonably requested by MarketWatch. 5.5 DBC will use its reasonable efforts to provide MarketWatch with additional required hardware, software or communications bandwidth, and will provide all of the foregoing to MarketWatch at DBC's cost.