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3.16. Conditions of Technical Support. Customer shall provide such information and/or access to Customer resources as GovPilot may reasonably require in order to provide Technical Support under this Agreement, including, without limitation, access via the Internet or via direct modem connection to relevant Customer servers, access to Customer facilities, and/or access to, and assistance of, Customer personnel who possess information required by GovPilot for purposes of performing its obligations hereunder. GovPilot shall be excused from any non-performance of its obligations hereunder to the extent any such non-performance is attributable to Customer’s failure to perform or delay in performing its obligations under this Section 3.16. GovPilot reserves the right to require the negotiation and payment of separate charges and fees pursuant to a Work Statement should Customer request an unreasonable volume of Technical Support given the fees paid pursuant to the General Terms and Customer’s anticipated usage of the GovPilot Software and/or Services as determined by GovPilot. 3.17. Availability 3.17.1. Availability Standard. GovPilot shall use commercially reasonable efforts to make the GovPilot Hosting Available (as defined below), as measured over the course of any three (3) calendar month period, 99.9% of the time, excluding downtime due to Excluded Downtime (as defined below) (the “Availability Requirement”). 3.17.2. Scheduled Maintenance. GovPilot reserves the right to perform regularly scheduled maintenance on the GovPilot Hosting, which may prevent the GovPilot Hosting from being Available (“Scheduled Maintenance”). Scheduled Maintenance may include without limitation updates of hardware or software or upgrades to increase storage capacity. Scheduled Maintenance, while being conducted, may degrade the quality of the GovPilot Hosting which may include an outage of the Services; provided, however, that an outage related to Scheduled Maintenance shall not be deemed to be Unavailability. The windows for Scheduled Maintenance are during low usage or low traffic times, from Saturday at 10:00 PM to Sunday at 10:00 AM U.S. Eastern Standard Time or Eastern Daylight Time, whichever is in effect at the time. GovPilot will exercise reasonable commercial efforts to notify Customer of any scheduled downtime expected to be over one hour, at least three (3) business days before downtime occurs. Notwithstanding the foregoing, GovPilot reserves the right to perform urgent maintenance which may imply notifying Customer within a twenty-four (24) hour window. 3.17.3. Excluded Downtime. “Excluded Downtime” means (i) Scheduled Maintenance or urgent maintenance; (ii) Internet outages, failure of Customer’s infrastructure or connectivity, computer and telecommunications failures and delays not within GovPilot’s control, including failures or delays caused by third party services, software, products, networks, or offerings; (iii) network intrusions or denial-of-service attacks, provided GovPilot has implemented commercially reasonable measures to mitigate or prevent such an attack or intrusion, (iv) down periods due to Force Majeure Events, (v) issues associated with Customer provided or controlled hardware, software, systems, networks, and other equipment, including misconfigurations or failure to apply required updates or patches, (vi) issues associated with Customer Data or other data uploaded to the GovPilot Hosting by or on behalf of Customer (including damages caused by viruses and other malicious code contained in data uploaded to the GovPilot Hosting by Customer) or Customer misuse of the GovPilot Hosting or GovPilot Software, or (vii) suspension of access by GovPilot as permitted under this Agreement, including for non-payment. 3.17.4. Failure to Maintain Availability Requirement. In the event GovPilot fails to meet the Availability Requirement, Customer shall have the right to receive from GovPilot the applicable availability credits (“Availability Credits”) set forth in Section 3.18 below. 3.18. Service Level Credits. Customer must (i) request all service credits set forth in this Section 3 in writing to GovPilot within thirty (30) days of the Availability failure; and (ii) identify the relevant incident number or date and time relating to the Availability failure. GovPilot will issue a credit memo within thirty (30) days of Customer’s written service credit request. Service credits are calculated as a GovPilot Master Services Agreement ~ version 1.2 ~ Page 8