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SMARTGOV <br />notification was received until We confirm the System is available . If We are able to confirm that the System <br />was , in fact , available during period between the initial notification and the point at which We confirmed that <br />the System was available, then We will remove the Unscheduled Downtime calculated. <br />4.2. System Performance Reports. Upon Your request and at no cost to You, We will provide standard System <br />Availability reports to You, setting forth measurements of Unscheduled Downtime and a calculation of System <br />Availability for the relevant preceding Service Year period. You agree that Our monitoring and measurement <br />method and standard System Availability reports are the sole and exclusive methods of measuring System <br />Availability under this Agreement. No other measure will be accepted unless validated , and mutually agreed to in <br />writing by both Parties before implementation . If You disagree with any measurement or other information set <br />forth in any such report, it must so inform Us in writing within ten (10) calendar days after receipt thereof. Accuracy <br />of any such report will be deemed conclusive unless such notice is provided by You. Any such notice must indicate <br />specific measurements in dispute and must include a detailed description of the nature of the dispute . We and <br />You agree to attempt to settle any such disputes regarding System Availability and/or related measurements in a <br />timely manner by mutual good faith discussions . <br />4.3. Credits for Unscheduled Downtime. In the event We fail to meet the Service Standard, then You will receive a <br />credit of 5% of the Annual Subscription Service Fee. You must claim credit in writing within thirty (30) days <br />follOwing Our provision of the system performance report as set forth in Section 4 .2 . Credits properly claimed by <br />You will be applied to the next renewal period's Annual Subscription Service Fee and such fee will be reduced by <br />the amount of the credit. Our invoice for each renewal period will reflect any credit earned during the previous <br />subscription period and the reduction to the Annual Subscription Service Fee for the upcoming renewal period. <br />Page 3 of 3 <br />v416