Common use of System Reliability Clause in Contracts

System Reliability. The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. Any time during which the Department fails to make the System available for Contractor's remedial service. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60) Then: Computed % Reliability = -------------------- = 99.5% 720 720 c) A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified agreed operating environment. Continued acceptability of the such System performance reliability of the System’s performance shall be based on the Department’s 's experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the agreed requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a bona fide Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department proof by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the Systemparty 2. Any time during which the Department fails to make the System available for Contractor's remedial service. Any downtime investigated by Contractor which . d) Contractor’s Service Level Agreement, if attached to this Agreement as Exhibit 5, is then determined by the Contractor and the Department to be a non-downtime instance following such investigationincorporated herein.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-non- recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. The required reliability (Computed % Reliability. b) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation. d) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per- Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the Systemparty. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60) Then: Computed % Reliability = -------------------- = 99.5% 720 720 c) A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-non- recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-per- Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. The following reliability requirements will apply to any System development by Contractor for a Department under this Agreement: a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract Agreement and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department proof by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the Systemparty 2. Any time during which the Department fails to make the System available for Contractor's remedial service. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified Department's operating environment. Continued acceptability of the such System performance reliability of the System’s performance shall be based on the Department’s 's experienced rate of recoverable and non-recoverable System operating errors or failures that which preclude productive Department use of the said System according to the requirements of this Contract applicable RFP and Contractor Supplier operating specifications. The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- --------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 nine (9) hours per day times the number of business days in the an applicable month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 180 hours. Downtime Downtime-per-Month was 3.60 1.75 hours. (720 – 3.60180 - 1.75) 180 Then: Computed % Reliability for a specific site = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy 99% (1) any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: Any nonproductive System use time caused by the Department or the Department's authorized third party party; and not related to a deficiency in the System. Any (2) any time during which the Department fails to make the System available for ContractorSupplier's remedial service. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. ‌ a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.9999%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.

System Reliability. a) The reliability, at any point in time, of the System shall be determined by the System's operational capability for productive Department use as configured and installed within the specified operating environment. Continued acceptability of the reliability of the System’s performance shall be based on the Department’s experienced rate of recoverable and non-non- recoverable System operating errors or failures that preclude productive Department use of the System according to the requirements of this Contract Agreement and Contractor operating specifications. . b) The required reliability (Computed % Reliability) for the System (exclusive of scheduled and routine maintenance) during any calendar month is ninety-nine point nine percent (99.999999.9%) uptime availability for aforesaid productive Department use, computed as follows: (Available-Time-per-Month) - (Downtime-per-Month) Computed % Reliability = ------------------------------------------------------------------- (Available-Time-per-Month) with Available-Time-per-Month equated to 24 hours times the number of days in the month, which shall be deemed to correspond to POP during each calendar month and Downtime-per-per- Month equated to those hours of Available-Time-per-Month during which the Department or any specific site is precluded from aforesaid productive System use. EXAMPLE: Given: Available-Time-per-Month was 720 hours. Downtime per-Month was 3.60 hours. (720 – 3.60. c) Then: Computed % Reliability = -------------------- = 99.5% 720 A given instance of System downtime shall start after receipt by the Contractor of a Department service request to remedy any operational System deviation, error, or failure condition(s), and end with documented proof, reasonably acceptable to the Department by Contractor to the Department that such System status has been fully restored to the applicable agreed operational specifications and made ready for productive Department use. However, the calculated time period of such an instance of System downtime shall exclude the following periods: : 1. Any nonproductive System use time caused by the Department or the Department's authorized third party and not related to a deficiency in the System. 2. Any time during which the Department fails to make the System available for Contractor's remedial service. 3. Any downtime investigated by Contractor which is then determined by the Contractor and the Department to be a non-downtime instance following such investigation.