Agmt 2005 New World Systems - Laserfiche WebLink

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EXHIBIT H SOFTWARE PERFORMANCE TEST CRITERIA New World represents that the Exhibit A Licensed Standard Software will provide satisfactory perforn~ance to satisfy the current processing requirements of Customer. Customer shall procure the Computer Server equipment specified by New World in Appendix B of the Statement of Work. This representation is conditioned on current master file sizes, current transaction volumes, including E9ll calls, with no more dia^ 15% increase in volume, and reasonable history retention requirements. ft is also conditioned upon Customer's agreement not to add other applications in addition to those listed on Exhibit A, and not to use any third party software products or hardware in a way that impacts software perforn~ance. This representation is further conditioned upon Customer balanciug the computer system properly, including but not limited to, backups, file purges, tuning the system as required, and/or any other items that may impact performance. Satisfactory performance is defined as average response time of 2 seconds or less in over 90% of the standard non- CAD input or inquiry transactions during any measured four hour period; plus an average response time of 5 seconds or less in over 98% of the standard non-CAD input or inquiry transactions during any measured four hour period. Satisfactory performance for CAD is defined as average response time of~ 2 seconds or less in over 98% of the standard CAD input or inquiry transactions during any measured four hour period. Running reports, doing complex inquiries, or using data retrieval tools, do not count as standard input or inquiry transactions. Given the above definition, should the Exhibit A software not perforn~ satisfactorily, then Customer shall notify New World in writing and give New World 30 days to determine if the unsatisfactory performance is related to New World products or is related to other factors not part of the New World software (see examples above). New World shall have unrestricted access to the Computer during the 30-day correction period and shall be able to make any adjustments necessary to improve system performance. New World shall document adjustments made and notify Customer in writing of the adjushnents. If requested by Customer, and using Exhibit B support services, New World shall train Customer on how to make adjustments. After 30 days, if the system performance has not improved, and should the unsatisfactory performance be attributable to the New World software, then New World shall provide additional computer capacities at New World's cost to improve the performance. The additional computer capacities will be added in a timely fashion but not later than 60 days of the 30-day correction period ending. Any Computer equipment provided to the Customer under this provision shall become the property of Customer. For purposes of this software performance section, any New World time involved in selecting equipment, interfacing software or hardware, tuning or balancing the system, resolving problems, and/or other activities performed on Customer's behalf to initially start up or improve hardware or software performance will be performed using Exhibit B support service guidelines and fees. As defined above, when given written notice of software performance deficiencies by Customer, New World has a 30-day correction period to evaluate the alleged deficiencies. Customer will be billed for the time spent during the 30-day correction period if New World can document and demonstrate that the deficiencies are not due to the Exhibit A software. [f New World's evaluation of the alleged deficiencies result in a Ncw World recommendation for additional computer equipment as stated above, then the Customer will not be billed for New World's time evaluating the performance deficiencies. The software performance representation set forth in this Exhibit expires on September 1, 2008. CONFIDENTIAL (Revised 02/10/04) Cfry of San Leandro, CA