Common use of Service Latency Clause in Contracts

Service Latency. Service latency targets apply to Services provided to Cingular as described in Appendix D and will be reported as required in Section 6 above. Notwithstanding the foregoing, non-performance penalties will apply solely to the following portions of the Services as further described in Appendix D: *** *** Subject to Section 8.1, Infospace agrees to pay to Cingular excessive latency fees based on performance according to Table 10 above for each month of the SLA reporting period. In the event the monthly latency measurement for a particular Service Area listed in Table 9 above exceeds ***