Common use of Excused Downtime for all SLAs Clause in Contracts

Excused Downtime for all SLAs. This Service Level Agreement will not apply, and no time or lack of Service availability will be calculated for any event that adversely impacts the Service that is caused by: (a) the acts or omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its vendors or agents under its control; (c) Force Majeure Events, as defined in the Agreement; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonably required to restore the Service; (g) Customer's failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) improper or inaccurate network specifications provided by Customer. • CENTURYLINK AIRBUS HOSTED VESTA STATEMENT OF WORK • CENTURYLINK NG9-1-1 WITH MANAGED 9-1-1 CPE STATEMENT OF WORK FOR INFRASTRUCTURE IMPLEMENTATION This Statement of Work (“SOW”) is subject to the agreement between CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC (“CenturyLink”) and <CUSTOMER> (“Customer”) under which Customer has agreed to the terms and conditions for purchase of installation, implementation and ongoing maintenance of NG911 equipment (“CPE”) which was signed by Customer on <ENTER DATE the Agreement was signed> (the “Agreement”). Qwest Communications Company, LLC d/b/a CenturyLink QCC completed a name change to CenturyLink Communications, LLC on April 1, 2014. References in supporting agreements or other documents, to Qwest Communications Company, LLC or its predecessors are replaced with “CenturyLink Communications, LLC.” Capitalized terms not defined herein are defined in the Agreement. This SOW will not become effective unless and until CenturyLink and Customer have executed the Agreement referenced in this section. Under this SOW CenturyLink will provide a professional services solution for implementation of NG911 Hosted CPE (“Project”). The Project might include a recommendation to purchase other CenturyLink products or services. CenturyLink will be the prime contractor for all services and products associated with this Project. For the support required under this SOW, CenturyLink will be working with Airbus (“Subcontractor”). Accordingly, references to “CenturyLink” in this SOW may or may not include Subcontractor as the context may require; provided, however, that Subcontractor is not a party to the Agreement or this SOW and as such any formal dispute or claim regarding this Project will be between Customer and CenturyLink. CenturyLink will be fully responsible for the performance of all work to be performed hereunder, which is dependent upon the accuracy of information provided by Customer, in accordance with the Agreement and this SOW. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F. R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”). To the extent that any exposure to PHI is incidental to CenturyLink’s provision of the Service or Work Product provided under this SOW, and not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI such exposure is allowable under 45 CFR 164.502(a)(1)(iii). However, to the extent that CenturyLink is required to access PHI in the course of providing Services to Customer and acts in the capacity of a Business Associate, the parties’ obligations will be governed by the Business Associate Addendum of the underlying Agreement.

Excused Downtime for all SLAs. This Service Level Agreement will not apply, and no time or lack of Service availability will be calculated for any event that adversely impacts the Service that is caused by: (a) the acts or omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its vendors or agents under its control; (c) Force Majeure Events, as defined in the Agreement; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonably required to restore the Service; (g) Customer's failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) improper or inaccurate network specifications provided by Customer. •  CENTURYLINK AIRBUS HOSTED VESTA STATEMENT OF WORK •  CENTURYLINK NG9-1-1 WITH MANAGED 9-1-1 CPE STATEMENT OF WORK FOR INFRASTRUCTURE IMPLEMENTATION This Statement of Work (“SOW”) is subject to the agreement between CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC (“CenturyLink”) and <CUSTOMER> (“Customer”) under which Customer has agreed to the terms and conditions for purchase of installation, implementation and ongoing maintenance of NG911 equipment (“CPE”) which was signed by Customer on <ENTER DATE the Agreement was signed> (the “Agreement”). Qwest Communications Company, LLC d/b/a CenturyLink QCC completed a name change to CenturyLink Communications, LLC on April 1, 2014. References in supporting agreements or other documents, to Qwest Communications Company, LLC or its predecessors are replaced with “CenturyLink Communications, LLC.” Capitalized terms not defined herein are defined in the Agreement. This SOW will not become effective unless and until CenturyLink and Customer have executed the Agreement referenced in this section. Under this SOW CenturyLink will provide a professional services solution for implementation of NG911 Hosted CPE (“Project”). The Project might include a recommendation to purchase other CenturyLink products or services. CenturyLink will be the prime contractor for all services and products associated with this Project. For the support required under this SOW, CenturyLink will be working with Airbus (“Subcontractor”). Accordingly, references to “CenturyLink” in this SOW may or may not include Subcontractor as the context may require; provided, however, that Subcontractor is not a party to the Agreement or this SOW and as such any formal dispute or claim regarding this Project will be between Customer and CenturyLink. CenturyLink will be fully responsible for the performance of all work to be performed hereunder, which is dependent upon the accuracy of information provided by Customer, in accordance with the Agreement and this SOW. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F. R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”). To the extent that any exposure to PHI is incidental to CenturyLink’s provision of the Service or Work Product provided under this SOW, and not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI such exposure is allowable under 45 CFR 164.502(a)(1)(iii). However, to the extent that CenturyLink is required to access PHI in the course of providing Services to Customer and acts in the capacity of a Business Associate, the parties’ obligations will be governed by the Business Associate Addendum of the underlying Agreement.