5.2 Ellucian is not responsible for localized incidents affecting a subset of the population. Further, Ellucian is not responsible for intermittent availability issues such as those that cannot be documented, measured or repeated.

5.3 A “System Change Window” means any change made to the Production Applications. During a System Change Window, Application monitoring will be measured and reported but Service Level Credits will not be provided until user acceptance testing (as mutually agreed by the parties) is completed.

6.1 As part of Ellucian’s obligation to provide the Hosting Services, Ellucian will provide oversight for monitoring this SLA utilizing the Application availability metrics information provided through the use of an industry standard monitoring tool (such tool will be the authoritative system for service level measurement under this SLA) and will communicate relevant information to Client. Utilizing this output, and in order to receive a Service Level Credit, Client must make all Service Level Credit requests via email or Ellucian’s ticketing system. Each Service Level Credit request in connection with this SLA must include Client’s account name and the dates and times of the unavailability of the Production Applications and must be received by Ellucian within thirty (30) days after such Production Applications was not available as defined herein. If Ellucian can confirm the unavailability, and after Ellucian performs a root cause analysis which identifies that the Production Applications was the cause of the unavailability, then Service Level Credits will be applied within two (2) billing cycles after Ellucian’s receipt of Client’s Service Level Credit request.

6.2 The Service Level Credit percentage will be based on the amount of the Hosting Services fee paid by Client for Hosting Services for the month being measured. Notwithstanding anything to the contrary herein, the total amount credited to Client in a particular month under this SLA will in no event exceed the total Hosting Services fee paid by Client for such month. Service Level Credits are exclusive of any applicable taxes charged to Client or collected by Ellucian. Such Service Level Credits are Client's sole and exclusive remedy with respect to any failure or deficiency in the Production Applications. No Service Level Credits will be issued for non-production environments.

6.3 Note: Service Level Credits are not refundable and can be used only towards future billing charges for the Hosting Services described in the SOW. Provided, however, if a Service Level Credit is due in the last month of the Hosting Services Term, then the Service Level Credit will be applied against the fees due in the last month of the Hosting Services Term.