Common use of Service Latency Clause in Contracts

Service Latency. User requests for Services shall be fulfilled in accordance with Table 2 below for each calendar month. This includes delivery of all bytes of the response (content plus protocol overhead) that Motricity controls (i.e. service requests and subsequent requests for which the browser’s URL target is hosted by Motricity). Motricity will achieve the latency targets set forth in Table 2 below on the schedule set forth in Table 2. The parties agree to review such latency targets from time to time during the Term and to assess whether to adjust the latency. Unless otherwise mutually agreed, these are the targets for penalties as set forth in Section 8.3. Table 2, Latency Target Ramp These requirements are specific to the portion of end to end Latency incurred within the Motricity’s Span of Control and will be measured from the secure network nearest the Motricity border router. The design of latency monitoring infrastructure will ensure appropriate components of the request and response are adequately measured. The implementation of latency monitoring infrastructure will include the deployment of a separate and specific server(s) for the purpose of monitoring and fault management. The latency introduced by the GPRS network, the WAP Gateway and other elements of the AT&T Network are excluded from the latency measurements described above.

Service Latency. User requests for Services shall be fulfilled in accordance with Table 2 below for each calendar month. This includes delivery of all bytes of the response (content plus protocol overhead) that Motricity Infospace controls (i.e. service requests and subsequent requests for which the browser’s URL target is hosted by MotricityInfospace). Motricity InfoSpace will achieve the latency targets set forth in Table 2 below on the schedule set forth in Table 2. The parties agree to review such latency targets from time to time during the Term and to assess whether to adjust the latency. Unless otherwise mutually agreed, these are the targets for penalties as set forth in Section 8.3. Table 2, Latency Target Ramp These requirements are specific to the portion of end to end Latency incurred within the MotricityInfospace’s Span of Control and will be measured from the secure network nearest the Motricity Infospace border router. The design of latency monitoring infrastructure will ensure appropriate components of the request and response are adequately measured. The implementation of latency monitoring infrastructure will include the deployment of a separate and specific server(s) for the purpose of monitoring and fault management. The latency introduced by the GPRS network, the WAP Gateway and other elements of the AT&T Cingular Network are excluded from the latency measurements described above.