Common use of Service Level Exclusions Clause in Contracts

Service Level Exclusions. THE SERVICE LEVEL AGREEMENT DOES NOT APPLY TO ANY SERVICE (S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL AGREEMENT AND ANY PERFORMANCE ISSUES (1) CAUSED BY FACTORS OUTSIDE OF AMPLIFIED'S REASONABLE CONTROL, INCLUDING ANY THIRD PARTIES ACTING ON AMPLIFIED'S BEHALF; (2) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES; OR(3) THAT RESULTED FROM CUSTOMER'S EQUIPMENT AND/OR THIRD PARTY EQUIPMENT (NOT WITHIN THE PRIMARY CONTROL OF AMPLIFIED). THIS SERVICE LEVEL AGREEMENT STATES CUSTOMER'SSOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY AMPLIFIED TO PROVIDE SERVICE(S). EXHIBIT F SOURCE CODE ESCROW FEES CNP Beneficiary Description Total Fees Fees ----------- ----- ---- ----------- First Year $***** $***** $***** Renewal Years $*****/year $*****/year $*****/year Each Additional Beneficiary $*****/each $***** $***** Unlimited deposit updates/replacements + one additional storage unit $*****/year $*****/year $*****/year Custom Agreements See Note 1 *****% *****% Release filing fee See Note 2 *****% *****% Notes: 1. A $***** annual customization fee will be added when contract changes increase DSI's risk or modify our release, termination or update processes. 2. Direct expenses in excess of $***** will be chargeable. Any discounts granted by DSI Technology Escrow Services shall be applied equally between CNP and Customer. [*] Confidential information has been omitted and separately filed with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. CNP, INC. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Agreement Number: _______ Date: __________ Customer Name: ARTISTdirect, Inc. Address: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇, ▇▇▇: ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ THIS PROFESSIONAL SERVICES AGREEMENT ("PROFESSIONAL SERVICES AGREEMENT") is between CNP, INC. ("CNP") and the undersigned CUSTOMER whereby CNP will provide professional services to be performed in accordance with the Master Agreement and the terms and provisions below.