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.