Common use of Network Unavailability Clause in Contracts

Network Unavailability. Subject to this Section 5, in the event of Network Unavailability to any Internet Service, Licensee may be entitled to a credit (a “Product Credit”) in accordance with the applicable Service Level Objective set forth below in this Section 5.1. Network Unavailability shall be deemed to begin upon the earlier of Company’s actual knowledge of the Network Unavailability or Company’s receipt of notice from Licensee of the Network Unavailability, and end when the Product is operational such that the Product is again able to transmit and receive packets to/from the IP Core Network and Access Port or Ports, as documented by Company’s records. Where Licensee provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order Form, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company of this Supplement, the Agreement or any Order Form. Duration of Network Unavailability Product Credit Up to 45 Minutes No credit > 45 Minutes to Four Hours 10% of applicable MRC > Four Hours to Eight Hours 20% of applicable MRC > Eight Hours to Twelve Hours 40% of applicable MRC > Twelve Hours to Twenty-Four Hours 50% of applicable MRC > Twenty-Four Hours 100% of applicable MRC

Network Unavailability. Subject to this Section 5, in the event of Network Unavailability to any Internet Service, Licensee Customer may be entitled to a credit (a “Product Service Credit”) in accordance with the applicable Service Level Objective set forth below in this Section 5.1. Network Unavailability shall be deemed to begin upon the earlier of CompanyProvider’s actual knowledge of the Network Unavailability or CompanyProvider’s receipt of notice from Licensee Customer of the Network Unavailability, and end when the Product Service is operational such that the Product Service is again able to transmit and receive packets to/from the IP Core Network and Access Port or Ports, as documented by CompanyProvider’s records. Where Licensee Customer provides its own local access circuits, any periods of Network Unavailability caused by failure of such local access circuits shall be excluded from any calculation of Network Unavailability. Notwithstanding anything to the contrary in this Supplement, in the Agreement or in any Order FormService Order, in no event shall any Network Unavailability or failure to meet any objectives or parameters under this Supplement be deemed to be or constitute a breach by Company Provider of this Supplement, the Agreement or any Order FormService Order. Duration of Network Unavailability Product Service Credit Up to 45 Minutes No credit > 45 Minutes to Four Hours 10% of applicable MRC > Four Hours to Eight Hours 20% of applicable MRC > Eight Hours to Twelve Hours 40% of applicable MRC > Twelve Hours to Twenty-Four Hours 50% of applicable MRC > Twenty-Four Hours 100% of applicable MRC