Common use of CORE SERVICE REBATES Clause in Contracts

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (ii) 3,000 or more end users within the Candidate Area; or (iii) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the The LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels onlyLevels: (ia) Residential – Fibre Connections Co-location Space Allocation (New Interconnection Point) Service Level (specified in clause 1.2(a1.1(a)(i) of Appendix 1 of these Service Level Terms1); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(aCo-location Space Allocation (Existing Interconnection Point) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c1.1(a)(ii) of Appendix 1 of these 1); (c) Additional Tie Cable Service Level Terms(specified in clause 1.1(b) of Appendix 1); and (d) MOFDF Service Level (specified in clause 1.1(c) of Appendix 1), following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (iia) 3,000 or more end users within the Candidate Area; or (iiib) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a1.3(a) of Appendix 1 of these Service Level Terms); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b1.3(b) of Appendix 1 of these Service Level Terms); and; (iii) Residential – Layer 2 services Service Level (specified in clause 2.1(a) of Appendix 1 of these Service Level Terms); (iv) Business – Layer 2 services Service Level (specified in clause 2.1(b) of Appendix 1 of these Service Level Terms); (v) Layer 1 Service Availability – Maximum Downtime Service Level (specified in clause 2.1 3.1 of Appendix Annexure 1 of these this Schedule); and (vi) Layer 2 Service Availability – Maximum Downtime Service Level Terms(specified in clause 4.1 of Annexure 1 of this Schedule); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) Bandwidth upgrade of Layer 2 services - (specified in clause 2.1(d) of Appendix 1 of these Service Level Terms); (ii) Multicast (Service Provider) - (specified in clause 2.1(e) of Appendix 1 of these Service Level Terms); (iii) Multicast (End User) – (specified in clause 2.1(f) of Appendix 1 of these Service Level Terms); (iv) RF Overlay (Service Provider) - (specified in clause 2.1(g) of Appendix 1 of these Service Level Terms); and (v) RF Overlay (End User) - (specified in clause 2.1(h) of Appendix 1 of these Service Level Terms). (vi) Layer 2 Disconnections Service Levels (specified in clause 5 of Appendix 1 of these Service Level Terms); (vii) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), ; and (viii) NBAP – Layer 2 services Service Level (specified in clause 2.1(c) of Appendix 1 of these Service Level Terms). following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (iiix) 3,000 or more end users within the Candidate Area; or (iiix) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a1.3(a) of Appendix 1 of these Service Level Terms); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b1.3(b) of Appendix 1 of these Service Level Terms); and; (iii) Residential – Layer 1 2 services Service Availability – Maximum Downtime Level (specified in clause 2.1 2.1(a) of Appendix 1 of these Service Level Terms); (iv) Business – Layer 2 services Service Level (specified in clause 2.1(b) of Appendix 1 of these Service Level Terms); (v) Layer 1 Service Availability – Maximum Downtime Service Level (specified in clause 3.1 of Annexure 1 of this Schedule); and (vi) Layer 2 Service Availability – Maximum Downtime Service Level (specified in clause 4.1of Annexure 1 of this Schedule);and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) Bandwidth upgrade of Layer 2 services - (specified in clause 2.1(d) of Appendix 1 of these Service Level Terms); (ii) Multicast (Service Provider) - (specified in clause 2.1(e) of Appendix 1 of these Service Level Terms); (iii) Multicast (End User) – (specified in clause 2.1(f) of Appendix 1 of these Service Level Terms); (iv) RF Overlay (Service Provider) - (specified in clause 2.1(g) of Appendix 1 of these Service Level Terms); and (v) RF Overlay (End User) - (specified in clause 2.1(h) of Appendix 1 of these Service Level Terms). (vi) Layer 2 Disconnections Service Levels (specified in clause 5 of Appendix 1 of these Service Level Terms); (vii) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), ; and (viii) NBAP – Layer 2 services Service Level (specified in clause 2.1(c) of Appendix 1 of these Service Level Terms). following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (iiix) 3,000 or more end users within the Candidate Area; or (iiix) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a1.1(a) of Appendix 1 of these Service Level Terms1); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b1.1(b) of Appendix 1 of these Service Level Terms1); and; (iii) Layer 1 Service Availability – Maximum Downtime Service Level (specified in clause 2.1 of Appendix Annexure 1); (iv) Layer 1 of these RSP Establishment Service Level Terms(specified in clause 3.1(a) of Appendix 1); and (v) Provisioning Service Level for the First MDU Order (Fibre Connection) Service Level (Individual) (specified in clause 1.2 (c) (ii) (B) of Appendix 1). (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms), the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c1.1(c) of Appendix 1 of these Service Level Terms1), following the expiry of the first 12 months following ; from the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (ii) there are 3,000 or more end users Circuit Ends within the Candidate Area; or (iii) 20% of the total Premises to be Passed (as determined in accordance with the NIPA) within the Candidate Area are or have been Connected within that Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Circuit Ends or Premises Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. ‌ 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) , following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels onlyLevels: (ia) Residential – Fibre Connections Layer 1 RSP Establishment Service Level (specified in clause 1.2(a2.1 (a) of Annexure 1 of these Service Level Terms); and (b) Layer 2 RSP Establishment Service Level (specified in clause 2.1 (b) of Annexure 1 of these Service Level Terms). (c) Co-location Space Allocation (New Interconnection Point) Service Level (specified in clause 1.1(a)(i) of Appendix 1 of these Service Level Terms); (iid) Business – Fibre Connections Co-location Space Allocation (Existing Interconnection Point) Service Level (Individual) (specified in clause 1.2(b1.1(a)(ii) of Appendix 1 of these Service Level Terms); (e) Additional Tie Cable Service Level (specified in clause 1.1(b) of Annexure 1 of these Service Level Terms); and (iiif) Layer 1 MOFDF Service Availability – Maximum Downtime Level (specified in clause 2.1 1.1(c) of Appendix Annexure 1 of these Service Level Terms); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (ii) 3,000 or more end users within the Candidate Area; or (iii) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following Following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels onlyLevels: (ia) Residential – Fibre Connections Co-location Space Allocation (New Interconnection Point) Service Level (specified in clause 1.2(a1.1(a)(i) of Appendix 1 of these Service Level Terms1); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(aCo-location Space Allocation (Existing Interconnection Point) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c1.1(a)(ii) of Appendix 1 of these 1); (c) Additional Tie Cable Service Level Terms(specified in clause 1.1(b) of Annexure 1), following the expiry ; and (d) MOFDF Service Level (specified in clause 1.1(c) of the first 12 months following Annexure 1). from the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (iia) 3,000 or more end users within the Candidate Area; or (iiib) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms);; and (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), following the expiry of the first 12 months following the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (ii) 3,000 or more end users within the Candidate Area; or (iii) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b) of Appendix 1 of these Service Level Terms); and (iii) Layer 1 Service Availability – Maximum Downtime (specified in clause 2.1 of Appendix 1 of these Service Level Terms); and; (b) in addition to the LFC’s LFC‟s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Service Level (specified in clause 1.2(c) of Appendix 1 of these Service Level Terms), following the expiry of the first 12 months following ; from the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (ii) 3,000 or more end users within the Candidate Area; or (iii) 20% of Premises within the Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s Provider‟s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.

CORE SERVICE REBATES. 8.1 Subject to clause 4 and clause 8.2, in the event of a Core Service Level Default, the Service Provider will receive a Core Service Rebate from the LFC in accordance with clause 6.5 of the General Terms. The Core Service Rebate will be that set out in Appendix 2. 8.2 Notwithstanding clause 8.1: (a) following the Service Level Commencement Date, the LFC will be liable to pay Core Service Rebates for a failure to meet the following Service Levels only: (i) Residential – Fibre Connections Layer 1 RSP Establishment Service Level (specified in clause 1.2(a) of Appendix 1 of these Service Level Terms); (ii) Business – Fibre Connections Service Level (Individual) (specified in clause 1.2(b2.1(a) of Appendix 1 of these Service Level Terms); and (iiiii) Layer 1 2 RSP Establishment Service Availability – Maximum Downtime Level (specified in clause 2.1 (b) of Appendix 1 of these Service Level Terms); and. (b) in addition to the LFC’s liability to pay Core Service Rebates for failure to meet the Core Service Levels specified in clause 8.2(a) of these Service Level Terms, the LFC will also be liable to pay Core Service Rebates for a failure to meet the following: (i) NBAP – Fibre Connection Co-location Space Allocation (New Interconnection Point) Service Level (specified in clause 1.2(c1.1(a)(i) of Appendix 1 of these Service Level Terms), following the expiry ; (ii) Co-location Space Allocation (Existing Interconnection Point) Service Level (specified in clause 1.1(a)(ii) of the first 12 months following Appendix 1 these Service Level Terms); (iii) Additional Tie Cable Service Level (specified in clause 1.1(b) of Appendix 1 these Service Level Terms); and (iv) MOFDF Service Level (specified in clause 1.1(c) of Appendix 1 these Service Level Terms). from the relevant Service Level Commencement Date. These Service Levels will only measure performance across Candidate Areas in which: (iia) there are 3,000 or more end users Circuit Ends within the Candidate Area; or (iiib) 20% of the total Premises to be passed (as determined in accordance with the NIPA) within the Candidate Area are or have been Connected within that Candidate Area, are (or have been) Connected to the LFC Network (whichever occurs first). This includes any end users Circuit Ends or Premises Connected to the LFC Network on the Service Level Commencement Date. 8.3 For the avoidance of doubt, the Service Provider will not receive a Core Service Rebate from the LFC for any failure to meet an Ancillary Service Level. The Ancillary Service Levels are reporting metrics only. 8.4 Core Service Rebates reflect the reduced value of the relevant part of the Wholesale Services affected by the Core Service Level Default during the relevant period and are neither liquidated damages nor the Service Provider’s sole and exclusive remedy in respect of the Core Service Level Defaults or the consequences of such defaults.