Common use of SERVICE LEVEL AND PERFORMANCE STANDARDS Clause in Contracts

SERVICE LEVEL AND PERFORMANCE STANDARDS. In the event there is an outage or interference that does not arise from an Excused Outage (as defined below), resulting in any Service to be unavailable, if Subscriber has a Service Order with Carrier that is for a term other than month to month, Subscriber may be entitled to a Service credit to be applied against Subscriber’s monthly recurring fees for the affected Service (“Service Credit”). The Service Credit shall be based on the cumulative time that the affected Service is unavailable in a given calendar month beginning with the time that Subscriber notifies Carrier of an interference or outage until same has been resolved and the Service is active for the reporting Subscriber. Service Credits shall be as follows: Cumulative Unavailability Service Credit 0 –24 hours No Credit > 25 hours through 48 hours 3% of recurring charge > 49 hours through 72 hours 7% of recurring charge > 73 hours through 96 hours 10% of recurring charge > 97 hours through 120 hours 13% of recurring charge >121 hours through 144 hours 50% of recurring charge >145 hours through 168 hours 100% of recurring charge Upon receipt of Subscriber’s request for Service Credits, which request must include the trouble ticket number assigned to the reported interference or outage, Carrier shall calculate the Service Credits for Subscriber for the month requested and shall apply the Service Credits on Subscriber’s next monthly bill. If Subscriber does not (i) include the trouble ticket number or (ii) request Service Credits within the calendar month that immediately follows the month for which Subscriber is requesting Service Credits, Subscriber waives any rights to such Service Credits. Under no circumstances is a Subscriber receiving Services under a month-to-month term entitled to Service Credits. In the event any Service is unavailable for reasons other than an Excused Outage (i) for more than seventy-two (72) hours on three (3) or more occasions during any one (1) month period, or (ii) for more than seven (7) consecutive days (“Chronic Outage”), then Subscriber may, in addition to its ability to receive Service Credits should it request same in the time provided, terminate such Service upon written notification to Carrier without further obligation or liability to Carrier, except for outstanding monthly recurring charges that are owed for Services previously provided. No Service Credits are available nor may any other remedies be exercised for an Excused Outage, which is: • Regularly scheduled maintenance windows or ad hoc maintenance windows. • Emergency maintenance required of Carrier’s network to prevent an outage or interruption. • Interference or outages caused by any cause outside of Carrier’s reasonable control, including, without limitation, damage to Carrier’s network by any party other than Carrier. • Interference or outages caused by Subscriber or Subscriber-owned equipment. • Interference or outages arising from any other provider of communications services over which any voice Services may be using outside of the Network. If there is a report of an outage or interruption, and it is determined that the Carrier’s network is open and fully functional, Carrier shall notify the Subscriber that the remote diagnostics show that the problem is not in or with the Carrier’s network and is presumptively within the confines of the location to which the trouble report relates (e.g., the Subscriber’s network). In such instances, Carrier shall not open a trouble ticket, and resolution of the issue giving rise to the trouble report shall be the Subscriber’s responsibility. However, if Subscriber wishes to proceed with a service call when the Carrier’s network appears to be functional, then Carrier will proceed in troubleshooting the issue further. If the issue is determined to be related to the Subscriber’s equipment, then Carrier may bill Subscriber for a service call at its current standard rates. If the issue is revealed to be Carrier network related, then Subscriber will not be billed. Response and Cure Times: Depending upon the type of outage or interference and how many customers it may be affecting; Carrier will respond to an outage or interruption in accordance with the following: Xxxxxxx will respond by electronic mail or phone call to a trouble report for which a trouble ticket is opened within 12 hours after receipt of notification of the trouble ticket being entered. Xxxxxxx will attempt to cure the issue(s) identified in the trouble report within 24 hours after receipt of notification of the trouble ticket, provided that if such issues cannot reasonably be cured within such period, Carrier shall commence the cure of such issues within such period and thereafter diligently and expeditiously proceed to cure the same as soon thereafter as reasonably possible. Any trouble report that is received after 5:00 pm will be considered as being received at 8:00 am on the following day. Carrier will maintain and provide Subscriber with instructions on how to contact Xxxxxxx’s Customer Service Center, which will include a Call Center located within the geographical borders of the United States, and which will be available by means of a toll-free number 24 hours per day, 7 days per week, 365 days per year to receive Subscriber’s Service calls and provide Subscriber support as requested.

SERVICE LEVEL AND PERFORMANCE STANDARDS. In the event there is an outage or interference that does not arise from an Excused Outage (as defined below), resulting in any Service to be unavailable, if Subscriber has a Service Order with Carrier that is for a term other than month to month, Subscriber may be entitled to a Service credit to be applied against Subscriber’s monthly recurring fees for the affected Service (“Service Credit”). The Service Credit shall be based on the cumulative time that the affected Service is unavailable in a given calendar month beginning with the time that Subscriber notifies Carrier of an interference or outage until same has been resolved and the Service is active for the reporting Subscriber. Service Credits shall be as follows: Cumulative Unavailability Service Credit 0 –24 48 hours No Credit > 25 hours through 48 hours 3% of recurring charge > 49 hours through 72 hours 73% of recurring charge > 73 hours through 96 hours 107% of recurring charge > 97 hours through 120 hours 1310% of recurring charge >121 hours through 144 hours 50% of recurring charge >145 hours through 168 hours 100% of recurring charge Upon receipt of Subscriber’s 's request for Service Credits, which request must include the trouble ticket number assigned to the reported interference or outage, Carrier shall calculate the Service Credits for Subscriber for the month requested and shall apply the Service Credits on Subscriber’s 's next monthly bill. If Subscriber does not (i) include the trouble ticket number or (ii) request Service Credits within the calendar month that immediately follows the month for which Subscriber is requesting Service Credits, Subscriber waives any rights to such Service Credits. Under no circumstances is a Subscriber receiving Services under a month-to-month term entitled to Service Credits. In the event any Service is unavailable for reasons other than an Excused Outage (i) for more than seventy-two (72) hours on three (3) or more occasions during any one (1) month period, or (ii) for more than seven (7) consecutive days (“Chronic Outage”), then Subscriber may, in addition to its ability to receive Service Credits should it request same in the time provided, terminate such Service upon written notification to Carrier without further obligation or liability to Carrier, except for outstanding monthly recurring charges that are owed for Services previously provided. No Service Credits are available nor may any other remedies be exercised for an Excused Outage, which is: • x Regularly scheduled maintenance windows or ad hoc maintenance windows. • x Emergency maintenance required of Carrier’s Xxxxxxx's network to prevent an outage or interruption. • x Interference or outages caused by any cause outside of Carrier’s 's reasonable control, including, without limitation, damage to Carrier’s 's network by any party other than Carrier. • x Interference or outages caused by Subscriber or Subscriber-owned equipment. • x Interference or outages arising from any other provider of communications services over which any voice Services may be using outside of the Network. If there is a report of an outage or interruption, and it is determined that the Carrier’s 's network is open and fully functional, Carrier shall notify the Subscriber that the remote diagnostics show that the problem is not in or with the Carrier’s 's network and is presumptively within the confines of the location to which the trouble report relates (e.g., the Subscriber’s 's network). In such instances, Carrier shall not open a trouble ticket, and resolution of the issue giving rise to the trouble report shall be the Subscriber’s 's responsibility. However, if Subscriber wishes to proceed with a service call when the Carrier’s 's network appears to be functional, then Carrier will proceed in troubleshooting the issue further. If the issue is determined to be related to the Subscriber’s 's equipment, then Carrier may bill Subscriber for a service call at its current standard rates. If the issue is revealed to be Carrier network related, then Subscriber will not be billed. Response and Cure Times: Depending upon the type of outage or interference and how many customers it may be affecting; , Carrier will respond to an outage or interruption in accordance with the following: Xxxxxxx will respond by electronic mail or phone call to a trouble report for which a trouble ticket is opened within 12 hours after receipt of notification of the trouble ticket being entered. Xxxxxxx will attempt to cure the issue(s) identified in the trouble report within 24 48 hours after receipt of notification of the trouble ticket, provided that if such issues cannot reasonably be cured within such period, Carrier shall commence the cure of such issues within such period and thereafter diligently and expeditiously proceed to cure the same as soon thereafter as reasonably possible. Any trouble report that is received after 5:00 pm will be considered as being received at 8:00 am on the following day. Carrier will maintain and provide Subscriber with instructions on how to contact Xxxxxxx’s 's Customer Service Center, which will include a Call Center located within the geographical borders of the United States, and which will be available by means of a toll-free number 24 hours per day, 7 days per week, 365 days per year to receive Subscriber’s 's Service calls and provide Subscriber support as requested.

SERVICE LEVEL AND PERFORMANCE STANDARDS. In the event there is an outage or interference that does not arise from an Excused Outage (as defined below), resulting in any Service to be unavailable, if Subscriber has a Service Order with Carrier that is for a term other than month to month, Subscriber may be entitled to a Service credit to be applied against Subscriber’s 's monthly recurring fees for the affected Service (“Service Credit”). The Service Credit shall be based on the cumulative time that the affected Service is unavailable in a given calendar month beginning with the time that Subscriber notifies Carrier of an interference or outage until same has been resolved and the Service is active for the reporting Subscriber. Service Credits shall be as follows: Cumulative Unavailability Service Credit 0 –24 hours No Credit > 25 hours through 48 hours 3% of recurring charge > 49 hours through 72 hours 7% of recurring charge > 73 hours through 96 hours 10% of recurring charge > 97 hours through 120 hours 13% of recurring charge >121 hours through 144 hours 50% of recurring charge >145 hours through 168 hours 100% of recurring charge Upon receipt of Subscriber’s 's request for Service Credits, which request must include the trouble ticket number assigned to the reported interference or outage, Carrier shall calculate the Service Credits for Subscriber for the month requested and shall apply the Service Credits on Subscriber’s 's next monthly bill. If Subscriber does not (i) include the trouble ticket number or (ii) request Service Credits within the calendar month that immediately follows the month for which Subscriber is requesting Service Credits, Subscriber waives any rights to such Service Credits. Under no circumstances is a Subscriber receiving Services under a month-to-month term entitled to Service Credits. In the event any Service is unavailable for reasons other than an Excused Outage (i) for more than seventy-two (72) hours on three (3) or more occasions during any one (1) month period, or (ii) for more than seven (7) consecutive days (“Chronic Outage”), then Subscriber may, in addition to its ability to receive Service Credits should it request same in the time provided, terminate such Service upon written notification to Carrier without further obligation or liability to Carrier, except for outstanding monthly recurring charges that are owed for Services previously provided. No Service Credits are available nor may any other remedies be exercised for an Excused Outage, which is: • x Regularly scheduled maintenance windows or ad hoc maintenance windows. • x Emergency maintenance required of Carrier’s Xxxxxxx's network to prevent an outage or interruption. • x Interference or outages caused by any cause outside of Carrier’s 's reasonable control, including, without limitation, damage to Carrier’s 's network by any party other than Carrier. • x Interference or outages caused by Subscriber or Subscriber-owned equipment. • x Interference or outages arising from any other provider of communications services over which any voice Services may be using outside of the Network. If there is a report of an outage or interruption, and it is determined that the Carrier’s 's network is open and fully functional, Carrier shall notify the Subscriber that the remote diagnostics show that the problem is not in or with the Carrier’s 's network and is presumptively within the confines of the location to which the trouble report relates (e.g., the Subscriber’s 's network). In such instances, Carrier shall not open a trouble ticket, and resolution of the issue giving rise to the trouble report shall be the Subscriber’s 's responsibility. However, if Subscriber wishes to proceed with a service call when the Carrier’s 's network appears to be functional, then Carrier will proceed in troubleshooting the issue further. If the issue is determined to be related to the Subscriber’s 's equipment, then Carrier may bill Subscriber for a service call at its current standard rates. If the issue is revealed to be Carrier network related, then Subscriber will not be billed. Response and Cure Times: Depending upon the type of outage or interference and how many customers it may be affecting; , Carrier will respond to an outage or interruption in accordance with the following: Xxxxxxx will respond by electronic mail or phone call to a trouble report for which a trouble ticket is opened within 12 hours after receipt of notification of the trouble ticket being entered. Xxxxxxx will attempt to cure the issue(s) identified in the trouble report within 24 hours after receipt of notification of the trouble ticket, provided that if such issues cannot reasonably be cured within such period, Carrier shall commence the cure of such issues within such period and thereafter diligently and expeditiously proceed to cure the same as soon thereafter as reasonably possible. Any trouble report that is received after 5:00 pm will be considered as being received at 8:00 am on the following day. Carrier will maintain and provide Subscriber with instructions on how to contact Xxxxxxx’s 's Customer Service Center, which will include a Call Center located within the geographical borders of the United States, and which will be available by means of a toll-free number 24 hours per day, 7 days per week, 365 days per year to receive Subscriber’s 's Service calls and provide Subscriber support as requested.