Common use of System Availability Clause in Contracts

System Availability. System Availability percentage is calculated as follows: ⎡⎛ Total MinutesintheMonth −Downtime ⎞ ⎤ System Availability%age = ⎢⎜ ⎟*100⎥ ⎣⎝ ⎠ ⎦ System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

System Availability. System Availability percentage is calculated as follows: ⎡⎛ SLA % = (Total MinutesintheMonth −Downtime ⎞ ⎤ System Availability%age = ⎢⎜ ⎟*100⎥ ⎣⎝ ⎠ ⎦ Minutes in the Month-Scheduled –Downtime) / (Total Minutes in the Month-Scheduled Downtime) * 100 System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Versions Credit 2% of Monthly Subscription Fees for each 1% below System Availability SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Major Upgrade Window described in Section 4 5 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime Major Upgrade Window or (iii) unavailability caused by factors outside of SAPHRMANTRA’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable HRMANTRA Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for HRMANTRA Cloud Services”.

System Availability. System Availability percentage is calculated as follows: ⎡⎛  Total MinutesintheMonth −Downtime ⎞ ⎤   System Availability%age = ⎢⎜ ⎟*100⎥ ⎣⎝ ⎠ ⎦  *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.