Common use of Availability Service Level Clause in Contracts

Availability Service Level. (1) The Availability Service Level for (3)PacketSM Service is 99.99% for Single Connected (3)PacketSM Service and 99.999% for Dual Connected (3)PacketSM Service. The (3)PacketSM Service is considered unavailable if any port(s) and/or virtual circuit(s) is unable to send or receive traffic. In the event that any component of the (3)PacketSM Service becomes unavailable for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the monthly recurring port charge and monthly recurring virtual circuit charge for the affected port and virtual circuit and any monthly usage charges solely attributable to the affected virtual circuit based on the cumulative unavailability of the affected component of the (3)PacketSM Service in a given calendar mo nth as set forth in the following tables (but Customer will not be entitled to a service credit associated with the Delay Service Level, Packet Delivery Service Level or Jitter Service Level for the affected port and virtual circuit to the extent any such failure arises out of or is related to the unavailability event): For Single Connected (3)PacketSM Service: 0:00:01 - 00:10:00 *** 00:10:01- 00:45:00 *** 00:45:01- 04:00:00 *** 04:00:01 - 08:00:00 *** 08:00:01 - 12:00:00 *** 12:00:01 - 16:00:00 *** 16:00:01 - 24:00:00 *** 24:00:01 or greater *** For Dual Connected (3)PacketSM Service*: 00:00:01 - 00:45:00 *** 00:45:01- 04:00:00 *** 04:00:01 - 08:00:00 *** 08:00:01 - 12:00:00 *** 12:00:01 - 16:00:00 *** 16:00:01 - 24:00:00 *** 24:00:01 or greater ***

Availability Service Level. (1) The Availability Service Level for (3)PacketSM 3)FlexSM Service is 99.99% for Single Connected (3)PacketSM 3)FlexSM Service and 99.999% for Dual Connected (3)PacketSM 3)FlexSM Service. The (3)PacketSM 3)FlexSM Service is considered unavailable if any port(s) and/or virtual circuit(s) is are unable to send or receive traffic. In the event that any component of the (3)PacketSM 3)FlexSM Service becomes unavailable for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the monthly recurring port charge and monthly recurring virtual circuit charge for the affected port and virtual circuit and any monthly usage charges solely attributable to the affected virtual circuit based on the cumulative unavailability of the affected component of the (3)PacketSM 3)FlexSM Service in a given calendar mo nth month as set forth in the following tables (but Customer will not be entitled to a service credit associated with the Delay Service Level, Packet Delivery Service Level or Jitter Service Level for the affected port and virtual circuit to the extent any such failure arises out of or is related to the unavailability event): For Single Connected (3)PacketSM 3)FlexSM Service: 0:00:01 - 00:10:00 *** 00:10:01- Cumulative Unavailability (in hrs:mins:secs) Service Level Credit 0:05:01- 00:45:00 *** 5% 00:45:01- 04:00:00 *** 10% 04:00:01 - 08:00:00 *** 20% 08:00:01 - 12:00:00 *** 30% 12:00:01 - 16:00:00 *** 40% 16:00:01 - 24:00:00 *** 50% 24:00:01 or greater *** 100% For Dual Connected (3)PacketSM 3)FlexSM Service*: Cumulative Unavailability (in hrs:mins:secs) Service Level Credit 00:00:01 - 00:45:00 *** 5% 00:45:01- 04:00:00 *** 10% 04:00:01 - 08:00:00 *** 20% 08:00:01 - 12:00:00 *** 30% 12:00:01 - 16:00:00 *** 40% 16:00:01 - 24:00:00 *** 50% 24:00:01 or greater ***100%