WATERSTREET APPLICATION SERVICE LEVEL ESCALATION

Level

Response

Level 1 Issues: Total inability on the part of the majority of users to access or use the Software Services.

Examples:

Subscription Services determined to be unavailable to a majority of users.

WaterStreet will begin work within 1 hour during normal business hours (7:00 a.m. to 5:00 p.m. Mountain Time on business days), and use commercially reasonable efforts to achieve one of the following resolutions within 1 business day:

1. Develop and implement a fix
2.  Implement an acceptable workaround, or
3. Develop a mutually agreed upon plan of action.

Level 2 Issues: Partial or intermittent inability of multiple users to access or use critical features of the Software Services.

Examples:

1. Inability of end users to perform primary functions.

2. Authorized Users are unable to log into the Software to perform their jobs.

WaterStreet will begin work within 4 hours during normal business hours (7:00 a.m. to 5:00 p.m. Mountain Time on business days); and use commercially reasonable efforts to achieve one of the following resolutions within 2 business days:

1. Develop and implement a fix,
2. Implement an acceptable workaround, or
3. Develop a mutually agreed upon plan of action.