Common use of Network Availability Clause in Contracts

Network Availability. Network shall consist of the following components that are provided as part of DYOPATH’s Services: • Core network infrastructure within the DYOPATH data center private cage space, and • MPLS access provided to Client through the DYOPATH Private MPLS Cloud. For outages related to outside vendors (e.g. TW Telecom), DYOPATH will, upon receipt of notice of outage, contact vendor for applicable credit. Said credit will be passed through to Client. Network Availability (Metric 15) Core network available 99.5% of the time; excluding scheduled maintenance. Reported monthly.

Network Availability. Network shall consist of the following components that are provided as part of DYOPATH’s Services: •  Core network infrastructure within the DYOPATH data center private cage space, and •  MPLS access provided to Client through the DYOPATH Private MPLS Cloud. For outages related to outside vendors (e.g. TW Telecom), DYOPATH will, upon receipt of notice of outage, contact vendor for applicable credit. Said credit will be passed through to Client. Network Availability (Metric 15) Core network available 99.5% of the time; excluding scheduled maintenance. Reported monthly.

Network Availability. Network shall consist of the following components that are provided as part of DYOPATHDYONYX’s Services: • Core network infrastructure within the DYOPATH DYONYX data center private cage space, and • MPLS access provided to Client through Customer thru the DYOPATH DYONYX Private MPLS Cloud. For outages related to outside vendors (e.g. TW TelecomTelcom), DYOPATH DYONYX will, upon receipt of notice of outage, contact vendor for applicable credit. Said credit will be passed through to ClientCustomer. Network Availability (Metric 15) Core network available 99.5% of the time; excluding scheduled maintenance. Reported monthly.