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RFP-2 – Scope of Work RFP# PWD 25.604 City of Pleasanton, CA RFP-2 | Page 27 Internal Use Only A credit will be applied for downtime according to the following schedule for the duration of the service level fault: Service Level Credit >98%0% >97% to <98%5% >94% to <97%25% <94%50% Table 3 - Credit Percentage for Downtime 2.4.2.2.4.2.Credit for Billing Impediment Fault Remedy Service Failures: If at any time during each monthly period a Billing Impediment that goes unresolved within the Billing Impediment Service Level Response window above, PWD’s exclusive remedies include, at PWD’s election, a credit for 50% against one (1) month of Service for the period the fault exists. 2.4.2.2.4.3.Credit for Functional Fault Remedy Where a loss in functionality fault impacts more than 5% of Available Meters, a credit of 5% will be applied for the period of time the loss of functionality exists. 2.4.2.2.5 Credit Application All credits earned under this Section shall be applied as a reduction against the City's next issued invoice. In the event of termination of this Agreement for any reason, any accrued but unapplied credits shall, at the City's election, be: (i) applied as a credit against any outstanding amounts owed to Kamstrup; (ii) applied toward the purchase of hardware or other fees under any active Kamstrup agreement; or (iii) refunded to the City within forty-five (45) days of the effective date of termination. The credits set forth in this Section 2.4.2.2.5 constitute the sole and exclusive monetary remedy for Kamstrup's failure to meet the software service levels described in this Section. Nothing in this Section shall limit or affect the City's rights or remedies arising from breach of contract, indemnification obligations, data breach or security incidents, confidentiality obligations, or intellectual property claims, all of which shall be governed by the applicable provisions of this Agreement. Credits earned under this Section shall be subject to the following caps and remediation obligations: (a) Monthly Cap. Credits issued in any single calendar month shall not exceed the percentages set forth in Table 7. (b) Annual Cap. The aggregate credits issued to the City in any single contract year shall not exceed fifty percent (50%) of the total annual fees paid by the City for the applicable service. (c) Sustained Degradation Remediation. If Kamstrup fails to meet any SLA metric for two (2) or more consecutive months, Kamstrup shall, within fifteen (15) days of the second consecutive failure, deliver to the City a written Root Cause Analysis and Remediation Plan acceptable to the City in its reasonable discretion. Failure to deliver an acceptable plan within such period shall constitute a material breach of this Agreement. (d) Escalating Cure Period. If an SLA failure continues for three (3) or more consecutive months notwithstanding the Remediation Plan, the City shall have the right, upon thirty (30) days' written notice, to terminate the affected service or this Agreement in its entirety without penalty, and any accrued but unapplied credits shall be refunded to the City within forty-five (45) days of termination. Docusign Envelope ID: 6AD75F50-8A33-85A5-8039-9E3E1257A838Docusign Envelope ID: 177582DA-4F1C-8834-813C-BC4FD03AA45E