Common use of Path Availability Clause in Contracts

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, and Business VPN Small Off-Net. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, and Business VPN Small Off-Net. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, and Business VPN Small Off-Net. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ access. The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, and Business VPN Small Off-Net. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, Business VPN Small VM and Business VPN Small Off-Netnet. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Qualifying Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - − Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.

Path Availability. The Path Availability Service Level only applies to the Business VPN Corporate so long as the Location does not have Business VPN Lite Service. This Service Level does not apply to Business VPN Small, and Business VPN Small Off-Net. The Path Availability Service Level is limited to 50 Location pairs, and each Location pair consists of a source Location and a destination Location. For purposes of this Service Level, the source Location in a pair is considered the Location with the higher IP bandwidth access.‌ access. The actual Path Availability is calculated on a Monthly basis. If the actual Path Availability between the source Location and the destination Location is less than such Location pair’s Path Availability Service Level, then for each full hour of Outage exceeding the Outage time allowed under the Path Availability Service Level at either the source Location or the destination Location, Customer will be entitled to receive a credit equal to 10% percent of the Business VPN Corporate Monthly Recurring Charge for the source Location up to a cumulative maximum credit of 50% of the Business VPN Corporate Monthly Recurring Charge for the source Location; provided, however, if Customer is also entitled to receive a Service Level credit under Clause 1.3.1 (Site Availability) due to a failure by Orange to achieve the Site Availability Service Level for either the source Location or destination Location, then Customer shall not be entitled to receive the Path Availability Service Level credit under this clause. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, if either the source Location or destination Location only has one CE Router, then any Outage on the path between the source Location and the destination Location during non-Normal Business Hours due to a CE Router failure at either Location will be excluded from the calculation of the total Outage time unless Customer has purchased either Service Select - Extended Service Support or Service Optimize with Capacity Review option (as described in the Service Description for Service Management) for the CE Router.