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Agreement are best resolved at the working level by the parties directly involved. Both parties agree to make good faith commercially reasonable efforts to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party's organization for resolution. ARBITRATION — Failing resolution of conflicts at the organizational level, the Customer and MaintStar agree that any remaining conflicts arising out of or relating to this Agreement shall be solely and exclusively determined by binding arbitration. Accordingly, all disputes and claims arising from this Agreement shall be determined by an arbitration instituted in the County of Alameda, State of California, before a single Arbitrator. In the event that the parties cannot agree upon the designation of the Arbitrator, the Arbitrator shall be a retired judge or justice of the California Superior Court, or the United States District court designated. The Arbitrator shall havethe authority to entertain and determine all matters and disputes between the parties, including theissuance of preliminary and permanent injunctive relief. SYSTEM PERFORMANCE — The Platform will achieve a system uptime performance level of 99% during the Operation Hours on an annual basis inclusive of any downtime caused by the underlying telecommunication services provider. Operational Hours for the Operations Services Department is defined as 6:00am to midnight Pacific Time, seven days a week. IT SUPPORT — MaintStar will provide technical assistance to the City's IT and GIS staff on the operation of the GIS centric or any identified interface connections that City decides to request as additional services or new identified modular. GO -LIVE — The purpose of the Go -Live process to ensure that the MaintStar system is fully functional and operating properly. Particularly important will be the Public Portal Module which must perform all advertised functions for City residents by the end of the go -live process. MaintStar will work with the City to coordinate a mutually agreeable Go -Live date which will be dependent on staff availability, end user training and system readiness. During the system implementation and data conversion phase, all customizations, setup tables, data validation and reports will be confirmed prior to, during and after Go -Live, as follows: • Conditions for Go Live: City sign -off on reports, screen customizations, data import, asset and asset type setup, workgroup configuration; user accounts, work request and portal setup, and critical setup tables. • Pre -Go Live: Subject Matter Expert crossover training, end user training, access to legacy database, City communications and outreach to internal/external customers, scheduling of downtime. ■ Go Live: MaintStar to run final conversion, usually on a Thursday and Friday with Saturday and Sunday being reserved for any necessary work. City to shut down legacy system during this time and commit to running on "paper" during the outage. • Post Go Live: MaintStar staff to be available to provide production support. City to schedule the retirement of the legacy system. 10