Common use of Acceptable Downtime Clause in Contracts

Acceptable Downtime. In calculating whether or not Rogers has met the commitments in any specific month lack of availability owing to downtime for any of the reasons set out below will not be factored into the SLA calculations: ▪ Customer delays including, but not limited to: (i) acts or omissions by the Customer, its agents or vendors; (ii) inaccurate, incomplete or changes to previously accepted orders; (iii) unavailable and/or faulty Customer premises, unavailable and/or faulty Customer premise equipment (CPE) and/or facilities necessary to install the Services; or, (iv) extension of access circuit demarcation point by Customer without Rogers approval; ▪ during an event of Force Majeure, as described in the Agreement; ▪ Customer’s failure to materially comply with its obligations as defined in the Agreement, including failure to pay valid past-due amounts; order suspensions due to Customer’s credit worthiness; ▪ during Scheduled Maintenance; ▪ troubles resolved as “No Trouble Found”; ▪ outages of less than 60 seconds in duration; ▪ performance degradation caused by the over-subscription of a fibre-served access port; ▪ time attributed to Xxxxxxxx’s delay in responding to Rogers requests for assistance to repair an outage; ▪ the failure of any Customer owned and maintained equipment on the Customer’s premise, beyond the local telephone companies’ demarcation device or smart-jack; ▪ hardware, operating system, and application failures or security breaches on LAN components, WAN components, servers, or workstations that were not configured by Rogers; ▪ failures or security breaches caused by improper use, improper care, or damage to devices by the Customer’s employees or a third party; ▪ failures or security breaches caused by the movement of hardware by the Customer or a third party, electrical and power irregularities, or abnormal use; ▪ failures or security breaches, where a device’s configuration, IOS/Software, or hardware has been modified by the Customer or a third party; ▪ failures or security breaches caused by undocumented hardware, IOS/Software, or other manufacturer deficiency; or ▪ failures or security breaches caused by hardware, IOS/Software, or other deficiencies, that were documented by the manufacturer following the implementation of the service by Rogers.

Acceptable Downtime. In calculating whether or not Rogers has met the commitments in any specific month lack of availability owing to downtime for any of the reasons set out below will not be factored into the SLA calculations: ▪ Customer Your delays including, but not limited to: (i) acts or omissions by the Customeryou, its your agents or vendors; (ii) inaccurate, incomplete or changes to previously accepted orders; (iii) unavailable unavailability and/or faulty Customer condition of your premises, unavailable unavailability and/or faulty Customer premise equipment (CPE) condition of CPE and/or facilities necessary to install the Services; or, (iv) extension of access circuit demarcation point by Customer you without Rogers approval; ▪ during an event of Force Majeure, as described in the Agreement; ▪ Customer’s Your failure to materially comply with its obligations as defined in the Agreement, including failure to pay valid past-due amounts; order suspensions due to Customer’s your credit worthiness; ▪ during Scheduled Maintenance; ▪ troubles resolved as “No Trouble Found”; ▪ outages of less than 60 seconds in duration; ▪ performance degradation caused by the over-subscription of a fibre-served access port; ▪ time attributed to Xxxxxxxx’s your delay in responding to Rogers requests for assistance to repair an outage; ▪ the failure of any Customer of your owned and maintained equipment on the Customer’s your premise, beyond the local telephone companies’ companies demarcation device or smart-jack; ▪ hardware, operating system, and application failures or security breaches on LAN components, WAN components, servers, or workstations that were not configured by Rogers; ▪ failures or security breaches caused by improper use, improper care, or damage to devices by the Customer’s your employees or a third party; ▪ failures or security breaches caused by the movement of hardware by the Customer you or a third party, electrical and power irregularities, or abnormal use; ▪ failures or security breaches, where a device’s configuration, IOS/Software, or hardware has been modified by the Customer you or a third party; ▪ failures or security breaches caused by undocumented hardware, IOS/Software, or other manufacturer deficiency; or ▪ failures or security breaches caused by hardware, IOS/Software, or other deficiencies, that were documented by the manufacturer following the implementation of the service by Rogers.

Acceptable Downtime. In calculating whether or not Rogers has met the commitments in any specific month lack of availability owing to downtime for any of the reasons set out below will not be factored into the SLA calculations: ▪ Customer delays including, but not limited to: (i) acts or omissions by the Customer, its agents or vendors; (ii) inaccurate, incomplete or changes to previously accepted orders; (iii) unavailable and/or faulty Customer premises, unavailable and/or faulty Customer premise equipment (CPE) and/or facilities necessary to install the Services; or, (iv) extension of access circuit demarcation point by Customer without Rogers approval; ▪ during an event of Force Majeure, as described in the Agreement; ▪ Customer’s failure to materially comply with its obligations as defined in the Agreement, including failure to pay valid past-due amounts; order suspensions due to Customer’s credit worthiness; ▪ during Scheduled Maintenance; ▪ troubles resolved as “No Trouble Found”; ▪ outages of less than 60 seconds in duration; ▪ performance degradation caused by the over-subscription of a fibre-served access port; ▪ time attributed to Xxxxxxxx’s delay in responding to Rogers requests for assistance to repair an outage; ▪ the failure of any Customer owned and maintained equipment on the Customer’s premise, beyond the local telephone companies’ companies demarcation device or smart-jack; ▪ hardware, operating system, and application failures or security breaches on LAN components, WAN components, servers, or workstations that were not configured by Rogers; ▪ failures or security breaches caused by improper use, improper care, or damage to devices by the Customer’s employees or a third party; ▪ failures or security breaches caused by the movement of hardware by the Customer or a third party, electrical and power irregularities, or abnormal use; ▪ failures or security breaches, where a device’s configuration, IOS/Software, or hardware has been modified by the Customer or a third party; ▪ failures or security breaches caused by undocumented hardware, IOS/Software, or other manufacturer deficiency; or ▪ failures or security breaches caused by hardware, IOS/Software, or other deficiencies, that were documented by the manufacturer following the implementation of the service by RogersXxxxxx.