Common use of Network Availability Clause in Contracts

Network Availability. The Vyve network shall be available for use by Customer with the Fiber Service provided under the Agreement at least 99.99% of the time as measured over the then current monthly period (“Network Availability”). Network Availabilityshall be calculated by dividing the number of minutes that the Services are available for Customer’s use by the total number of minutes of such calendar month and multiplying the result by 100. In calculating Network Availability, Service Interruptions (as defined below) resulting from the reasons or causes set forth in Section 3.4 of these Additional Terms and Conditions shall not be included in determining whether Vyve has met the applicable performance standard for Network Availability. For example, if the Fiber Service experiences an outage for one (1) day due to a Force Majeure Event, and otherwise experience no other outage or Service Interruption (as defined in Section 5.2) during the applicable month, Vyve will be deemed to have met the Network Availability performance standard of 99.99%.

Network Availability. The Vyve network shall be available for use by Customer with the Fiber Service provided under the Agreement at least 99.99% of the time as measured over the then current monthly period (“Network Availability”). Network Availabilityshall Availability shall be calculated by dividing the number of minutes that the Services are available for Customer’s use by the total number of minutes of such calendar month and multiplying the result by 100. In calculating Network Availability, Service Interruptions (as defined below) resulting from the reasons or causes set forth in Section 3.4 of these Additional Terms and Conditions shall not be included in determining whether Vyve has met the metthe applicable performance standard for Network Availability. For example, if the Fiber Service experiences an outage for one (1) day due to a Force Majeure Event, and otherwise experience no other outage or Service Interruption (as defined in Section 5.2) during the applicable month, Vyve will be deemed to have met the Network Availability performance standard of 99.99%.

Network Availability. The Vyve network shall be available for use by Customer with the Fiber Service provided under the Agreement at least 99.99% of the time as measured over the then current monthly period (“Network Availability”). Network Availabilityshall be calculated by dividing the number of minutes that the Services are available for Customer’s use by the total number of minutes of such calendar month and multiplying the result by 100. In calculating Network Availability, Service Interruptions (as defined below) resulting from the reasons or causes set forth in Section 3.4 of these Additional Terms and Conditions shall not be included in determining whether Vyve has met the metthe applicable performance standard for Network Availability. For example, if the Fiber Service experiences an outage for one (1) day due to a Force Majeure Event, and otherwise experience no other outage or Service Interruption (as defined in Section 5.2) during the applicable month, Vyve will be deemed to have met the Network Availability performance standard of 99.99%.