BANDWIDTH RIGHTS. A. Subject to the terms of this Agreement, commencing on the Service Commencement Date and continuing during the Term hereof, Supplier hereby agrees to provide Customer the amount of Supplier's bandwidth (the "Bandwidth"), up to a maximum of One Hundred (100) Mbps, used by Customer measured in accordance with the provisions of Section 1.B. below, together with any other applicable options, all as set forth on such Service Order Form.
B. In consideration of the Bandwidth being provided to Customer each month, Customer shall pay to Supplier, on a monthly basis, the amount equal to the base rate as set forth in Exhibit A (unless such rate is otherwise specified and mutually agreed upon in the applicable Service Order Form), multiplied by the number of "Utilization Units" used by Customer during that month. Each Utilization Unit is equal to a "Sustained Utilization" of one (1) Mbps over the course of a particular month. Sustained Utilization, which is determined by sampling the actual line utilization statistics every five (5) minutes, twenty-four (24) hours per day, seven (7) days per week, is the usage level (measured in Mbps) under which 95% of the samples fall. The amount of Sustained Utilization is rounded to the next highest one-tenth integer (e.g.
1. 11Mbps is rounded to 1.2Mbps) to determine the number of Utilization Units for the month. Notwithstanding the foregoing, as a minimum requirement each month, Customer shall pay Supplier at least the Minimum Monthly Charge for Bandwidth as set forth in Exhibit A during the Term of this Agreement.
C. Supplier reserves the right to increase the amounts it charges Customer for Bandwidth in the event that Supplier's costs in obtaining bandwidth from its providers are increased during the Term of this Agreement. If the cost paid by Customer per Utilization Unit increases by more than twenty percent (20%) on an annualized basis, Customer may terminate this Agreement without any additional termination charge upon ninety (90) days' prior written notice to Supplier.
BANDWIDTH RIGHTS. A. Subject to the terms of this Agreement, commencing on the date that service provisioning is completed by Supplier and Customer is notified via telephone, facsimile, or e-mail (the "Service Commencement Date") and continuing during the Term hereof, Supplier agrees to provide Customer the amount of bandwidth (the "Bandwidth"), up to a maximum of One Hundred (100) Mbps per data port measured in accordance with the provisions below, together with any other applicable options as set forth on the Service Order Form.
B. In consideration of the Bandwidth being provided to Customer each month, Customer shall pay to Supplier, on a monthly basis, the amount equal to the base rate as set forth in Exhibit A (unless such rate is otherwise specified and mutually agreed upon in a Service Order Form), multiplied by the number of "Utilization Units" used by Customer during that month. *
