Common use of Exclusions and Restrictions Clause in Contracts

Exclusions and Restrictions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service; (g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) CenturyLink’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner; or (i) improper or inaccurate network specifications provided by Customer. This SLA applies to Service ordered by CenturyLink’s customer ("Customer") pursuant to a signed agreement (“Agreement”) with Qwest Communications Company, LLC d/b/a CenturyLink QCC (“CenturyLink’). Capitalized terms not defined in this SLA are defined in the Agreement. This SLA does not provide performance objectives and related remedies for Internet access provided by CenturyLink or any other Internet service provider.

Exclusions and Restrictions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service; (g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) CenturyLink’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner; or (i) improper or inaccurate network specifications provided by Customer. This SLA Service Level Agreement (“SLA”) applies to Service the On-Net Local Access circuits provided solely on CenturyLink owned and operated facilities (“Service”) ordered by CenturyLink’s customer ("“Customer"”) pursuant to a signed agreement (“Agreement”) with CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC d/b/a CenturyLink QCC (“CenturyLink’”). Capitalized terms not defined On April 1, 2014, Qwest Communications Company, LLC completed a name change to CenturyLink Communications, LLC. References in this SLA supporting agreements or other documents, to Qwest Communications Company, LLC or its predecessors are defined replaced with “CenturyLink Communications, LLC.” Service is available in ▇▇-▇, ▇▇-▇, OC-3, OC-12 and OC-48 circuit types. Service terminates at the AgreementService Address’s common telecommunications facility or meet-me point. This SLA does not provide performance objectives and related remedies for Internet apply to local access circuits that are provided by CenturyLink or any other Internet service provideranother carrier.