ORTEC uses commercially reasonable efforts to make the online ORTEC solutions available 99,6% (hosted solutions) or 99,9% (cloud-native solutions) on a monthly basis, except for: (a) non-production environments, (b) planned downtime (e.g. scheduled preventative maintenance, upgrades) of which ORTEC shall give advance electronic notice, (c) emergency maintenance and (d) any unavailability caused by circumstances beyond ORTEC’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving ORTEC employees), Internet service provider failure or delay, non-ORTEC application, or denial of service attack.