Common use of Network Latency Clause in Contracts

Network Latency. Masergy will meet or be less than the average roundtrip latency times between Masergy hubs shown below on Table 1 (Network Latency). Latency is calculated by averaging five (5) minute latency measurements between ▇▇▇▇▇▇▇'s inter-city transit backbone routers monthly. In the event that Masergy fails to meet the latency measurement set forth in Table 1 (Network Latency) in any given calendar month during the term of Masergy's agreement with Customer, and Customer has Service between the affected hubs, Customer will be eligible to receive a credit equal to one week of its affected site's monthly recurring Masergy Service fees (excluding local access circuit charges) for the month in which the average latency measurement is not met. In order to be eligible for the Network Latency credit, Customer must notify Masergy of the latency failure within thirty (30) business days of the end of the month in which the failure occurred. Customer should open a trouble ticket and make claims via the Masergy Portal application, which can be accessed by clicking on the Log In link located on the Masergy website ▇▇▇.▇▇▇▇▇▇▇.▇▇▇; claims may also be submitted via electronic mail sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. Latency failures caused by Force Majeure events do not apply and any resulting latency data will not be used in the calculation of the monthly latency measurement.

Network Latency. Masergy will meet or be less than the average roundtrip latency times between Masergy hubs shown below on Table 1 (Network Latency). Latency is calculated by averaging five (5) minute latency measurements between ▇▇▇▇▇▇▇Masergy's inter-city transit backbone routers monthly. In the event that Masergy fails to meet the latency measurement set forth in Table 1 (Network Latency) in any given calendar month during the term of Masergy's agreement with Customer, and Customer has Service between the affected hubs, Customer will be eligible to receive a credit equal to one week of its affected site's monthly recurring Masergy Service fees (excluding local access circuit charges) for the month in which the average latency measurement is not met. In order to be eligible for the Network Latency credit, Customer must notify Masergy of the latency failure within thirty (30) business days of the end of the month in which the failure occurred. Customer should open a trouble ticket and make claims via the Masergy Portal application, which can be accessed by clicking on the Log In link located on the Masergy website ▇▇▇.▇▇▇▇▇▇▇.▇▇▇; claims may also be submitted via electronic mail sent to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. Latency failures caused by Force Majeure events do not apply and any resulting latency data will not be used in the calculation of the monthly latency measurement.