Mandiant Offerings Service Level Agreement

With respect to the Managed Defense Portal, Google will undertake commercially reasonable efforts to ensure portal availability for 99.9% of the time during each calendar month. 

With respect to the Mandiant Threat Intelligence Portal, Mandiant Security Validation Portal, and the Mandiant Attack Surface Management Portal, Google will undertake commercially reasonable efforts to ensure portal availability for 99.5% of the time during each calendar month.

• “Service Outage” means the portal is not available due to a failure or a disruption in the portal that is not the result of Scheduled Maintenance, Emergency Maintenance, a force majeure event or the act or omission of Customer.
• "Scheduled Maintenance Period" is the period during which weekly scheduled maintenance of the portal may be performed.
• "Emergency Maintenance" means any time outside of Scheduled Maintenance that Google requires to apply critical patches or fixes or undertake other urgent maintenance. If Emergency Maintenance is required, Google will notify Customer, to the extent possible under the circumstances, and provide the expected time frame of the Emergency Maintenance and availability of the portal during the Emergency Maintenance.
• "System Availability" means the number of minutes in any calendar month minus the aggregate number of minutes of all Service Outages that occur during that calendar month.

If the portal does not meet the monthly service availability defined above, Google will provide a credit to the Customer in accordance with the table below (“Credit”) for a validated Service Level Claim (defined below). The percentage of portal availability per calendar month (in the table below) is equal to the result, expressed as a percentage, of the number of minutes of System Availability in a calendar month divided by the total number of minutes in the calendar month.

• For determining the Credit, the duration of a Service Outage will be measured as the time starting when Customer experiences a disruption in availability of the portal and ending when a successful solution or workaround allowing for full restoration of the portal is provided by Google to Customer. Customer must notify Google of any Service Outage and request a Credit in writing no later than fifteen (15) days after the calendar month in which the Service Outage occurred (“Service Level Claim”) to be entitled to a Credit for that Service Outage.
• Any Credits earned by Customer hereunder will be applied to the Fees owed by Customer for the next Order Term for which the Credit applies. If Credits cannot be applied to future Fees because the Order Term has terminated for non-renewal or for a material uncured breach, or termination for convenience, by Customer, such Credits will become null and void. If Credits cannot be applied to future Fees because the Order Term has terminated due to a material uncured breach by Google, Google will promptly pay Customer the amount of the Credit.
• Customer will not be entitled to receive a Credit that exceeds 10% of its prorated monthly Subscription Fee for a Service Outage for the applicable calendar month.