Common use of Service Delivery Performance Guarantee Clause in Contracts

Service Delivery Performance Guarantee. Commencing October 1, 2011, the ▇▇▇▇▇▇▇.▇▇▇ Environment will operate within SLAs for key performance indicators measured on monthly basis, as set forth in Table 1.41 (the “Service Delivery Performance Guarantee”). For the purposes of this Exhibit, the Service Delivery Performance SLAs will follow the same Severity Level Tier structure as used for ▇▇▇▇▇▇▇.▇▇▇ Environment Performance SLAs and be classified as low (L), medium (M) or high (H) in value. The Service Delivery Performance Guarantee set forth herein will exclude performance impacts of any outage or other condition not directly caused by the ▇▇▇▇▇▇▇.▇▇▇ Environment (e.g. outages caused by plant issues, operational or maintenance errors by Comcast, or to the extent caused by third-party hardware or software operated by Comcast). Notwithstanding anything herein to the contrary, ▇▇▇▇▇▇▇.▇▇▇ shall have no liability for any failure to meet the Service Delivery Performance Guarantee set forth herein in the event that: (a) such failure is caused by independent circumstances that are not within the reasonable control of ▇▇▇▇▇▇▇.▇▇▇; or (b) Comcast’s failure to implement any fixes, patches or other workarounds recommended by ▇▇▇▇▇▇▇.▇▇▇ to Comcast to the extent the implementation of such fixes, patches or other workarounds are technically feasible and commercially practical. 1 Customer satisfaction survey offer rate Measure: Percentage of XSS Customers offered customer satisfaction survey (during the Service connection or promptly thereafter by email) after receiving Services from ▇▇▇▇▇▇▇.▇▇▇ via remote connection, excluding Customers who are not available through the direct service connection to the Customer’s PC at the time of service completion (e.g., Customers connecting only by phone who need to be transferred to Comcast or another XSS service provider, or Customers who do not call back to complete a service step) *** *** ***

Service Delivery Performance Guarantee. Commencing October 1, 2011, the The ▇▇▇▇▇▇▇.▇▇▇ Environment will operate within SLAs for key performance indicators measured on monthly basis, as set forth in Table 1.41 (the “Service Delivery Performance Guarantee”). For the purposes of this Exhibit, the Service Delivery Performance SLAs will follow the same Severity Level Tier structure as used for ▇▇▇▇▇▇▇.▇▇▇ Environment Performance SLAs and be classified as low (L), medium (M) or high (H) in value. The Service Delivery Performance Guarantee set forth herein will exclude performance impacts of any outage or other condition not directly caused by the ▇▇▇▇▇▇▇.▇▇▇ Environment (e.g. outages caused by plant issues, operational or maintenance errors by Comcast, or to the extent caused by third-party hardware or software operated by Comcast). Notwithstanding anything herein to the contrary, ▇▇▇▇▇▇▇.▇▇▇ shall have no liability for any failure to meet the Service Delivery Performance Guarantee set forth herein in the event that: (a) such failure is caused by independent circumstances that are not within the reasonable control of ▇▇▇▇▇▇▇.▇▇▇; or (b) Comcast’s failure to implement any fixes, patches or other workarounds recommended by ▇▇▇▇▇▇▇.▇▇▇ to Comcast to the extent the implementation of such fixes, patches or other workarounds are technically feasible and commercially practical. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION *** 1 Customer satisfaction survey offer rate Measure: Percentage of XSS Customers offered customer satisfaction survey (during the Service connection or promptly thereafter by email) after receiving Services from ▇▇▇▇▇▇▇.▇▇▇ via remote connection, excluding Customers who are not available through the direct service connection to the Customer’s PC at the time of service completion (e.g., Customers connecting only by phone who need to be transferred to Comcast or another XSS service provider, or Customers who do not call back to complete a service step) *** *** ***