Common use of Service Level Agreements Clause in Contracts

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each X Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet Requirement

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled X maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. X Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Page 54 Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet RequirementSLA

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. Page 9, Section 1.8.E X Verizon Wireless can never guarantee 100% network availability because network availability is potentially impacted by many external factors outside the reasonable control of Verizon Wireless. However, network data performance, which includes the wireless data network, is monitored 24x7x365 days per year. This monitoring includes recording and reporting on the health and status of IP based packet control facilities, packet data switching nodes, routers, and their connectivity. In addition, the performance of data ineffective attempts, dropped data connections and throughputs are monitored for every data session on the network. Verizon Wireless also employs an Autotest system that actively performs tens of thousands of tests at geographically diverse locations in order to capture data performance in a known, controlled environment with known devices. If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. Page 9, Section 1.8.E X Verizon Wireless does not agree to the imposition of credits, liquidated damages or other penalties associated with network availability or response or repair times. Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. Page 9, Section 1.8.E X If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. Page 9, Section 1.8.E X Verizon Wireless does not agree to the imposition of credits, liquidated damages or other penalties associated with network availability or response or repair times. Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that Page 9, Section 1.8.E X month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X Page 9, Section 1.8.E N/A SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Page 1 thru 21, Section 1.8.E. Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet RequirementSLA

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X (with exceptions. Please refer to chart on page 3. SLA titled “Global Sprint Dedicated IP Services SLA.”) If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X (Varies International) X (North America and Europe) X (Varies International) If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. X (The service credit will equal 3 days of the monthly recurring charge for the affected Port, subject to restrictions outlined in the Sprint SLA.)‌ Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X (The service credit will equal 3 days of the monthly recurring charge for the affected Port, subject to re- strictions outlined in the Sprint SLA.) Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Included at the end of Section IX are the following SLAs for Managed Services: • Global Sprint Dedicated IP Services • Global Sprint Network-Based IP Virtual Private Network (“VPN”) Services • Sprint Global MPLS Virtual Private Network (“VPN”) Services • Sprint Business Solutions Wireless Service Level Agreement • Sprint Business Solutions Sprint CDMA Wireless Data Service Level Agreement • Sprint Managed Network Services Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ AGREEMENTS‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet Requirement

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. X Qwest’s SLA exceeds the credit requirements for 51ms- X Qwest’s SLA does not meet the credit requirements for 73+ms. 72ms. However, during the past 12 months, the highest latency during any given month on Qwest’s backbone has been 41.32ms. Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X Qwest’s SLA exceeds the credit requirements for a packet loss of 0.51% to 4%, and also for the range of 11% to 16% X Qwest’s SLA does not meet the credit requirements for the ranges where packet loss is 5% to 10% and 17%+. However, during the past 12 months, the highest packet loss during any given month on Qwest’s backbone has been 0.07% (packet delivery of 99.93%. Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Supplemental Information: Qwest_iQ_Networking_SLA_01_09_06_.pdf Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet Requirementnot bid

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X Meets Requirement If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X Meets Requirement Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X Meets Requirement If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each X full 1ms above the 65ms average maximum guaranteed under this SLA. Meets Requirement Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 Meets Requirement percent average maximum guaranteed under this SLA. X SLA.‌‌‌‌‌ Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X Meets Requirement SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below V.1.6 Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet RequirementSLA

Service Level Agreements. (Managed Services) IX.2.3.1 Service Level Agreements (Internet Services - IP) Network Availability Guarantee - 100% The IP Network must be guaranteed to be available and capable of forwarding IP packets 100% of the time, as averaged over a calendar month. The IP network includes the customers access port (the port on the providers aggregation router upon which the customers circuit terminates) and the IP backbone network. The IP backbone network includes owned and controlled routers and circuits (including any transit connections). The Network Availability guarantee does not include the local access circuit (e.g. local loop), Customer Premise Equipment (router or CPE) or Customers Local Area Network (LAN), scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. X If the Network Availability guarantee is not met in a calendar month, the customer Credits are based upon a percentage of the monthly recurring charge (“MRC”) for will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the 100% guaranteed under this SLA. X the non-performing Internet Service per Table 1 included below. Latency Guarantee (65 Milliseconds) Bidders must agree that the Contractors IP backbone network must be guaranteed to have an average round trip packet transit time within the IP backbone network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the IP backbone network taken throughout the month. The Latency guarantee will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. X Credits are based upon a percentage of the monthly recurring charge (“MRC”) for the non-performing Internet Service per Table 1 included below. Packet Loss Bidders must agree that the maximum average packet loss will be 1 percent or less during any calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full percentage above the 1 percent average maximum guaranteed under this SLA. X Packet Loss will not include the local access circuit (e.g. local loop), CPE or Customers LAN, scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivity within other ISP networks, and force majeure events. X See above answer. (Complete, provide additional explanations if required) SLA Managed Services SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Standard SLA’s See Notes IX.6.3 – IX.6.6 Below Internet Access 99.99% Collocation Services N/A IP VPN (MPLS) 99.99% Optional SLA IX.3 MAINTENANCE REQUIREMENTS AND SERVICE LEVEL AGREEMENTS‌‌‌‌‌‌‌‌ AGREEMENTS‌‌‌‌‌ Bidders must agree that Authorized Users may require more stringent “Service Level or Performance Standards” based on the unique requirements of the Authorized User. For example, shorter response times, on-line support, help desk support, penalties for nonperformance, etc. SPECIFIC Location Bid or SLA (Page/Section) or Service Not Bid Meet Requirement Exceed Requirement Does Not Meet RequirementRequirement TWTC Comments