Common use of Conditions and Exclusions Clause in Contracts

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select - Extended Service Delivery. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Service Delivery, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Charges for the affected Location. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  IP Bandwidth Access:  equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Circuit;  equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Circuit; and  D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Circuit or DSL Tail Circuit procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select - Extended Service Delivery. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. - Extended Service Delivery, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by by 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Charges for the affected Location. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  ▪ IP Bandwidth Access:  ▪ equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Circuit;  ▪ equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Circuit; and  ▪ D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Circuit or DSL Tail Circuit procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-to- PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase either (i) Service Select - Extended Service DeliveryDelivery or (ii) Service Optimize with the Availability SLA option, Capacity Review option, and Guaranteed Time To Repair SLA option (as mentioned in Clause 1.3.1 (Site Availability), Clause 1.3.2 (Path Availability) and Clause 1.7.2 (5-Hour GTTR Conditions), respectively). Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR -Extended Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Delivery or all such Service DeliveryOptimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and the Customer. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  IP Bandwidth Access:  equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Access Circuit;  equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Access Circuit; and  D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Access Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Access Circuit or DSL Tail Access Circuit or Internet access procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR PLR, and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase either (i) Service Select - Extended Service DeliveryDelivery or (ii) Service Optimize with the Availability SLA option, Capacity Review option, and Guaranteed Time To Repair SLA option (as mentioned in Clause 1.3.1 (Site Availability), Clause 1.3.2 (Path Availability) and Clause 1.7.2 (5-Hour GTTR Conditions), respectively). Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR -Extended Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Delivery or all such Service DeliveryOptimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and the Customer. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  ▪ IP Bandwidth Access:  ▪ equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Access Circuit;  ▪ equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Access Circuit; and  ▪ D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Access Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Access Circuit or DSL Tail Access Circuit or Internet Access procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR PLR, and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase either (i) Service Select - Extended Service DeliveryDelivery or (ii) Service Optimize with the Availability SLA option, Capacity Review option, and Guaranteed Time To Repair SLA option (as mentioned in Clause 1.3.1 (Site Availability), Clause 1.3.2 (Path Availability) and Clause 1.7.2 (5-Hour GTTR Conditions), respectively). Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR -Extended Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Delivery or all such Service DeliveryOptimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Charges for the affected Location. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  IP Bandwidth Access:  equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Circuit;  equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Circuit; and  D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Circuit or DSL Tail Circuit procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select - Extended Service Delivery. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. - Extended Service Delivery, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by by 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Charges for the affected Location. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  IP Bandwidth Access:  equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Circuit;  equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Circuit; and  D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Circuit or DSL Tail Circuit procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-to- PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase either (i) Service Select - Extended Service DeliveryDelivery or (ii) Service Optimize with the Availability SLA option, Capacity Review option, and Guaranteed Time To Repair SLA option (as mentioned in Clause 1.3.1 (Site Availability), Clause 1.3.2 (Path Availability) and Clause 1.7.2 (5-Hour GTTR Conditions), respectively). Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR -Extended Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Delivery or all such Service DeliveryOptimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and Customer. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  IP Bandwidth Access:  equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Circuit;  equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Circuit; and  D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Circuit or DSL Tail Circuit procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR PLR, and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.

Conditions and Exclusions. ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions: (a) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase either (i) Service Select - Extended Service DeliveryDelivery or (ii) Service Optimize with the Availability SLA option, Capacity Review option, and Guaranteed Time To Repair SLA option (as mentioned in Clause 1.3.1 (Site Availability), Clause 1.3.2 (Path Availability) and Clause 1.7.2 (5-Hour GTTR Conditions), respectively). Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and the United Kingdom. 2 The DTTR -Extended Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. Extended Delivery or all such Service DeliveryOptimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void. (b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement. (c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Month in which the alleged Service Level failure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing the amount of the credit (if any) from reports generated by Orange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. 1 Western Europe consists strictly of the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Poland, Spain, Sweden, Switzerland, and United Kingdom. 2 The DTTR Service Level is not available for Locations outside of continental United States and for Locations in the Middle East, Africa, and Latin America regions of Orange. (d) Customer must exercise any Business VPN Service termination right specified in this SLA within 60 days from the date of the Service Level failure that gave rise to such termination right. If Customer does not notify Orange in writing of its election to terminate the Service within the 60-day period, then such termination right will lapse. (e) The exercise by Customer of the Service termination right under this SLA will be without financial liability to Customer, except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange. (f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and the Customer. (g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business VPN Service at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of the Month and will end on the last day of the Month. (h) The remedies for non-achievement by Orange of RTD, PLR, and Jitter Service Levels will only apply if Customer complied with the following Orange engineering guidelines:  ▪ IP Bandwidth Access:  ▪ equal or higher than 56 kbps for Business VPN Corporate with a leased line Tail Access Circuit;  ▪ equal or higher than 512 kbps for Business VPN Corporate with a SDSL Tail Access Circuit; and  ▪ D1, D2, and D3 limitations, as shown in the Business VPN Service Description. (i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental condition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), power outages, disruption to Tail Access Circuits not caused by Orange or TOs, or by any act or omission of Customer or any User. (j) The Service Levels (or SLOs, as the case may be) only apply to the Business VPN Service that has leased line Tail Access Circuit or DSL Tail Access Circuit or Internet access procured by Orange from the TO. Unless agreed in writing by Orange, the Service Levels (or SLOs, as the case may be) do not apply to Business VPN Service connected through other types of access technology (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, wireless access, etc.). (k) This SLA does not apply to the Air Quick-Start optional feature. (l) With respect to the IPv6 optional feature: (i) There is no separate or additional Site Availability Service Level for the IPv6 Service. (ii) The CE-to-CE Path Availability, CE-to-CE Round Trip Delay, CE-to-CE Packet Loss Ratio, and CE-to-CE Jitter Service Levels do not apply to the IPv6 traffic. (iii) There is no separate or additional 5-Hour GTTR Service Level or NBD DTTR Service Level for the IPv6 optional feature. Incidents related to, and that affect the proper operational condition of the IPv6 are excluded from the 5-Hour GTTR and NBD DTTR Service Levels. (m) The Service Levels do not apply to a Location unless the Parties expressly identify the Location (in the case of the Site Availability, Global Backbone Availability, 5-Hour GTTR and NBD DTTR Service Levels) or the Location pair (in the case of the CE-to-CE RTD, PE-to-PE RTD, CE-to-CE PLR, PE-to-PE PLR, CE-to-CE Jitter, PE-to-PE Jitter Service Levels) in a Service Annex and append the Service Annex to Agreement. Such Service Annex will be deemed an addendum to this SLA and subject to all of the terms and conditions set forth in this SLA. (n) The Path Availability, CE-to-CE RTD, CE-to-CE PLR PLR, and CE-to-CE Jitter Service Levels do not apply to the Multicast optional service feature of the Business VPN Service. Therefore, all Multicast traffic will be excluded from the calculation of the actual Path Availability and the Monthly average CE-to-CE RTD samples, CE-to-CE PLR samples, and CE-to-CE Jitter samples.