Networking Services. The performance of Windstream’s network for purposes of measuring MPLS Networking Services deliverables under this SLA is measured through Service Availability and IP transmission latency, packet loss, and jitter. These individual metrics are defined in Section 3 below and collectively may be referenced in this SLA as “Network Performance Metrics.” Service Availability is measured as follows: • For Windstream-contracted local access circuit (referenced in Figure 1): Between, but not including, the two (2) Customer Edge devices (“CE”) at the Customer locations and including across Windstream’s core network (between the two (2) Windstream Points of Presence (POPs)). • For third-party local access circuit (referenced in Figure 2): Across Windstream’s core network (between the two (2) Windstream POPs). Latency, packet loss, and jitter are measured across Windstream’s network, between the two (2) Windstream POPs (Referenced in both Figures 1 and 2 below). Windstream’s network management system is the sole and conclusive measurement system for purposes of the SLA regarding Network Performance Metrics. CE CE CISCO IP PHONE CISCO IP PHONE 7960 7960
Networking Services. Operator shall have the right to install and use Operator’s networking services (the “Network”) and associated software at the Hotel throughout the Term. The Network installation and connectivity charges and associated software license fees shall be (a) based on the actual cost of such items, (b) allocated in an equitable manner by Operator to all hotels operated by Operator that are participating in the Network, (c) shall be subject to the reasonable approval of Owner, (d) provided in the Budget and shall be an Operating Expense, and (e) shall be paid or reimbursed to Operator out of the Operating Account, or if the funds therein are insufficient, by Owner. Owner acknowledges that, as of the date hereof, such charges and fees are included in the Information Technology Services Fee referred to on Exhibit A attached hereto.
