Common use of Outage Time Clause in Contracts

Outage Time. Excluding Outages caused by the factors listed below, outage time (“Outage Time”) is the total time in a month that a Customer’s Access Port is unable to transmit or receive IP traffic, and Outage Time is measured from the time a trouble ticket is opened to the time a problem is repaired. Outage Time does not include outages of less than 60 seconds duration, or time attributed to Customer’s delay in responding to requests from ▇▇▇▇▇▇▇▇▇.▇▇▇ for assistance to repair an outage. Outage Time will not include outages caused by: a. Failure of any component not included in subsection 2 above b. Failure of Customer provided local access to facilities used to access the ▇▇▇▇▇▇▇▇▇.▇▇▇ IP network c. Scheduled maintenance from 12:00 a.m. – 6:00 a.m. CST d. Failure of any components beyond the IP side of a network-to-network interface (“NNI”) e. Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ cannot repair because Customer fails to respond to requests for access f. Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ cannot repair because Customer facilities are inaccessible g. Trouble tickets resolved as No Trouble Found (NTF) h. Force majeure events under the CSA i. Customer’s negligence or willful misconduct or the negligence or willful misconduct of others using Services under the CSA j. Lateral Exchange Network Services

Outage Time. Excluding Outages outages caused by the factors listed below, outage time (“Outage Time”) is the total time in a month that a Customer’s Access Port port is unable to transmit or receive IP traffic, and Outage Time is measured from the time EPB opens a trouble ticket is opened to the time a problem is repaired. Outage Time does not include outages of less than 60 sixty (60) seconds duration, or time attributed to Customer’s delay in responding to requests from ▇▇▇▇▇▇▇▇▇.▇▇▇ EPB for assistance to repair an outage. Outage Time will not include outages caused by: a. Failure of any component not included in the subsection 2 above 3.3; b. Failure of Customer Customer-provided local access to facilities used to access the ▇▇▇▇▇▇▇▇▇.▇▇▇ IP networkVendor Network; c. Scheduled maintenance from 12:00 a.m. – 6:00 a.m. CSTuntil 6:00 a. m. local time on site; d. Failure of any components beyond the IP network side of a network-to-network interface (“NNI”); e. Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ EPB cannot repair correct because Customer fails to respond to requests for accessaccess to customer’s facilities or are otherwise inaccessible; f. Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ cannot repair because Customer facilities are inaccessibleTroubles resolved as “No Trouble Found” g. Trouble tickets resolved as No Trouble Found (NTF) h. Force majeure events under the CSAAgreement; or i. h. Customer’s negligence or willful misconduct or the negligence or willful misconduct of others using Services services under the CSA j. Lateral Exchange Network ServicesAgreement.

Outage Time. Excluding Outages outages caused by the factors listed below, outage time (“Outage Time”) is the total time in a month that a Customer’s Access Port port is unable to transmit or receive IP traffic, and Outage Time is measured from the time EPB opens a trouble ticket is opened to the time a problem is repaired. Outage Time does not include outages of less than 60 sixty (60) seconds duration, or time attributed to Customer’s delay in responding to requests from ▇▇▇▇▇▇▇▇▇.▇▇▇ EPB for assistance to repair an outage. Outage Time will not include outages caused by: a. (A) Failure of any component not included in the subsection 2 above b. 3.3 above; (B) Failure of Customer Customer-provided local access to facilities used to access the ▇▇▇▇▇▇▇▇▇.▇▇▇ IP networkVendor Network; c. (C) Scheduled maintenance from 12:00 a.m. – until 6:00 a.m. CSTlocal time on site; d. (D) Failure of any components beyond the IP network side of a network-to-to- network interface (“NNI”); e. (E) Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ EPB cannot repair correct because Customer fails to respond to requests for accessaccess to customer’s facilities or are otherwise inaccessible; f. Failure of any components ▇▇▇▇▇▇▇▇▇.▇▇▇ cannot repair because Customer facilities are inaccessible g. Trouble tickets (F) Troubles resolved as “No Trouble Found Found” (NTF) h. G) Force majeure events under the CSAAgreement; or i. (H) Customer’s negligence or willful misconduct or the negligence or willful misconduct of others using Services services under the CSA j. Lateral Exchange Network ServicesAgreement.