Common use of Encryption Option Clause in Contracts

Encryption Option. If a Wavelength Product is ordered with Layer 1 encryption, the following additional terms shall apply: a. Company is not responsible for encryption beyond the port on the Company Equipment (in which the encryption card resides), at the Location(s); b. Product Outages resulting from Licensee’s administration of encryption including, but not limited to, encryption keys and certifications, shall not be eligible for Product Credits; c. Licensee assumes all responsibility for administration of encryption, including, but not limited to, encryption policies. d. Subject to the foregoing, a failure of the encryption function on a Wavelength Product ordered with encryption will be deemed a Product Outage and eligible for Product Credits to the extent and subject to the limitations provided in Section 5 below. e. Company will procure in its name any cross connections between Company’s optical fiber distribution point at each Location and the Licensee hand-off site at the Location (at which Company Equipment with encryption capability will reside (“Encryption Cross-Connections”) and Licensee will pay the cost of such Cross-Connections on a pass-through basis; provided that in the event Company is unable to procure the Encryption Cross Connection due to restrictions at the applicable facility, then Licensee will procure such Encryption Cross-Connection in Licensee’s name and at Licensee’s expense. Product Outages resulting from failure of or defect in the Encryption Cross Connections shall not be eligible for Product Credits.

Encryption Option. If a Wavelength Product is ordered with Layer 1 encryption, the following additional terms shall apply: a. Company Planet is not responsible for encryption beyond the port on the Company Planet Equipment (in which the encryption card resides), at the Location(s); b. Product Outages resulting from Licensee’s administration of encryption including, but not limited to, encryption keys and certifications, shall not be eligible for Product Credits; c. Licensee assumes all responsibility for administration of encryption, including, but not limited to, encryption policies. d. Subject to the foregoing, a failure of the encryption function on a Wavelength Product ordered with encryption will be deemed a Product Outage and eligible for Product Credits to the extent and subject to the limitations provided in Section 5 below. e. Company Planet will procure in its name any cross connections between CompanyPlanet’s optical fiber distribution point at each Location and the Licensee hand-off site at the Location (at which Company Planet Equipment with encryption capability will reside (“Encryption Cross-Cross- Connections”) and Licensee will pay the cost of such Cross-Connections on a pass-through basis; provided that in the event Company Planet is unable to procure the Encryption Cross Connection due to restrictions at the applicable facility, then Licensee will procure such Encryption Cross-Connection in Licensee’s name and at Licensee’s expense. Product Outages resulting from failure of or defect in the Encryption Cross Connections shall not be eligible for Product Credits.

Encryption Option. If a Wavelength Product Service is ordered with Layer 1 encryption, encryption the following additional terms shall apply: a. Company Provider is not responsible for encryption beyond the port on the Company Provider Equipment (in which the encryption card resides), at the Location(s); b. Product Service Outages resulting from LicenseeCustomer’s administration of encryption including, but not limited to, encryption keys and certifications, shall not be eligible for Product Service Credits; c. Licensee Customer assumes all responsibility for administration of encryption, including, but not limited to, encryption policies. d. Subject to the foregoing, a failure of the encryption function on a Wavelength Product Services ordered with encryption will be deemed a Product Service Outage and eligible for Product Service Credits to the extent and subject to the limitations provided in Section 5 below. e. Company Provider will procure in its name any cross connections between CompanyProvider’s optical fiber distribution point at each Location and the Licensee Customer hand-off site at the Location (at which Company Provider Equipment with encryption capability will reside reside) (“Encryption Cross-Cross- Connections”) and Licensee Customer will pay the cost of such Encryption Cross-Connections on a pass-through basis; provided that in the event Company Provider is unable to procure the Encryption Cross Cross-Connection due to restrictions at the applicable facility, then Licensee Customer will procure such Encryption Cross-Connection in LicenseeCustomer’s name and at LicenseeCustomer’s expense. Product Service Outages resulting from failure of or defect in the Encryption Cross Cross-Connections shall not be eligible for Product Service Credits.