Common use of SERVICE LEVEL EXTENSIONS Clause in Contracts

SERVICE LEVEL EXTENSIONS. 3.1 Subject to clause 3.2, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (f) a Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a Service Impairment. 3.2 Any Service Level extension under clause 3.1: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a) to (e) only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 2.1 Subject to clause 3.22.2 of this Appendix, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission);omission);and (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (f) a Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a Service Impairment. 3.2 2.2 Any Service Level extension under clause 3.12.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a2.1(a) to (ed) of this Appendix only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 1.1 (aa)(i) - Residential - Fibre Connections – Co-location Space Allocation (IndividualNew Interconnection Point) 1025% of the applicable monthly rental fee for the relevant service(sservice for every 5 Business Days (or part thereof) (specified in the order) per complete three-hour period that the Connection service is late (capped at one month’s rental). 1.1 (a)(ii) – Co-location Space Allocation (Existing Interconnection Point) 25% of the applicable monthly rental fee for the service for every 5 Business Days (or part thereof) that the service is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 Subject to clause 3.2, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (f) a Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a Service Impairment. 3.2 Any Service Level extension under clause 3.1: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a) to (e) only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential Feeder - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at the one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 6.1 Subject to clause 3.26.2 of this Appendix, the LFC Service Level response times Levels set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of the Service Providers Provider that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts Acts or omissions of an End Users User that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any Any period of extension agreed with the relevant End User; and (f) a A Force Majeure Event that prevents satisfaction of the Service Level, including, for the avoidance of doubt, a cable strike caused by a third party that cannot be repaired within 1 calendar day and any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a Service Impairment. 3.2 6.2 Any Service Level extension under clause 3.16.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent or make makes illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a6.1(a) to (e) of this Appendix only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly Scoping Appointment One month’s rental fee for the relevant service(s) (specified in the order) per complete three-hour period that each time the Connection Core Service Level is late (capped at one month’s rental)not achieved.

SERVICE LEVEL EXTENSIONS. 3.1 Subject to clause 3.23.2 of this Appendix 1, the LFC Core Input Services Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction of the Core Input Services Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction of the Core Input Services Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service ProviderAccess Seeker, required to complete the service; (c) acts or omissions of Service Providers Access Seekers that prevent the LFC from meeting a Core Input Services Service Level (unless the Service Provider Access Seeker has received the LFC’s prior approval for such act or omission); (d) acts or omissions of the Access Seeker and/or End Users User that prevent the LFC from meeting a Core Input Services Service Level (unless the Access Seeker and/or End User has received the LFC’s prior approval for such act or omission); (e) in relation to a first MDU Input Services Service Order, and in the following circumstances: (i) acts or omissions of the MDU owner(s) or their agents that prevent the LFC from meeting the applicable Core Input Services Service Level (unless the MDU owner(s) have received the LFC’s prior written approval for such act or omission); and (ii) any person of extension requested by the relevant MDU owner(s); (f) any period of extension agreed with the Access Seeker and/or the relevant End User; and (fg) a Force Majeure Event prevents satisfaction of the applicable Core Input Services Service Level, including, for the avoidance of any doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreementthe General Terms), each a an Input Service Impairment. 3.2 Any Core Input Services Service Level extension under clause 3.13.1 of this Appendix 1: (a) will be limited to the time that the Input Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Core Input Services Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Input Service Impairment and mitigate its effect; and (c) in relation to any Core Input Services Service Level extension under clause clauses 3.1(a) to (eg) of this Appendix 1 only, any such extension will not be given to the extent the Input Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Core Input Services Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 2.1 Subject to clause 3.22.2, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (f) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a “Service Impairment”. 3.2 2.2 Any Service Level extension under clause 3.12.1: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level;; and (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a2.1(a) to (ed) only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 1.1 (aa)(i) - Residential - Fibre Connections – Co-location Space Allocation (IndividualNew Interconnection Point) 1025% of the applicable monthly rental fee for the relevant service(sservice for every 5 Business Days (or part thereof) (specified in the order) per complete three-hour period that the Connection service is late (capped at one month’s rental). 1.1 (a)(ii) – Co-location Space Allocation (Existing Interconnection Point) 25% of the applicable monthly rental fee for the service for every 5 Business Days (or part thereof) that the service is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 7.1 Subject to clause 3.27.2 of this Appendix, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts Acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any Any period of extension agreed with the relevant End User; and (f) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a Service Impairment. 3.2 7.2 Any Service Level extension under clause 3.17.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a7.1(a) to (e) of this Appendix only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 2.1 Subject to clause 3.22.2 of this Appendix 1, the LFC Core Input Central Office and POI Co-location Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction of the Core Input Central Office and POI Co-location Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction of the Core Input Central Office and POI Co-location Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service ProviderAccess Seeker, required to complete the service; (c) acts or omissions of Service Providers Access Seekers that prevent the LFC from meeting a Core Input Central Office and POI Co-location Service Level (unless the Service Provider Access Seeker has received the LFC’s prior approval for such act or omission); (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (fd) a Force Majeure Event prevents satisfaction of the Core Input Central Office and POI Co-location Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreementthe General Terms), each a Service Impairment. 3.2 2.2 Any Core Input Central Office and POI Co-location Service Level extension under clause 3.12.1 of this Appendix 1: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Core Input Central Office and POI Co-location Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Core Input Central Office and POI Co-location Service Level extension under clause 3.1(a2.1(a) to (ed) of this Appendix 1 only, an extension will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Core Input Central Office and POI Co-location Service Rebates payable by the LFC. 1.2 1.1 (aa)(i) - Residential - Fibre Connections – Co-location Space Allocation (IndividualNew Interconnection Point) 1025% of the applicable monthly rental fee Charge for the relevant service(sInput Co-location Service for every 5 Business Days (or part thereof) (specified in the order) per complete three-hour period that the Connection Input Co-location Service is late (capped at one 1 month’s rentalCharges). 1.1 (a)(ii) – Co-location Space Allocation (Existing Interconnection Point) 25% of the applicable monthly Charge for the Input Co-location Service for every 5 Business Days (or part thereof) that the Input Co-location Service is late (capped at 1 month’s Charges).

SERVICE LEVEL EXTENSIONS. 3.1 4.1 Subject to clause 3.27.2 of this Appendix, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts Acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any Any period of extension agreed with the relevant End User; and (f) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), . each a Service Impairment. 3.2 4.2 Any Service Level extension under clause 3.14.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(aclauses 4.1(a) to (ef) of this Appendix only, any such extension will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 ‌ 6.1 Subject to clause 3.26.2 of this Appendix, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances:circumstances:‌ (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts Acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any Any period of extension agreed with the relevant End User; and; (f) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (gf) of the definition of “Force Majeure” in this Agreement); and (g) Satisfaction of the Service Level is prevented by the LFC’s implementation of the property access processes in the Telecommunications (Property Access and Other Matters) Amendment Act 2017 by the LFC, each a Service Impairment. 3.2 6.2 Any Service Level extension under clause 3.16.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent delay, impair, prevent, or make illegal the LFC’s performance of the applicable Service Level; (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a) to (e) only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 Subject to clause 3.22.2, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) any period of extension agreed with the relevant End User; and (f) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a “Service Impairment”. 3.2 Any Service Level extension under clause 3.12.1: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level;; and (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a2.1(a) to (ec) only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 1.1 (aa)(i) - Residential - Fibre Connections – Co-location Space Allocation (IndividualNew Interconnection Point) 1025% of the applicable monthly rental fee for the relevant service(sservice for every 5 Business Days (or part thereof) (specified in the order) per complete three-hour period that the Connection service is late (capped at one month’s rental). 1.1 (a)(ii) – Co-location Space Allocation (Existing Interconnection Point) 25% of the applicable monthly rental fee for the service for every 5 Business Days (or part thereof) that the service is late (capped at one month’s rental). (b) Additional Tie Cables 25% of the applicable monthly rental fee for the new tie cable capacity for every 5 Business Days (or part thereof) that the service is late (capped at one month’s rental).

SERVICE LEVEL EXTENSIONS. 3.1 4.1 Subject to clause 3.2clauses 1.3 and 4.2 of this Appendix, the LFC Service Level response times set out in this Appendix 1 shall be extended in the following circumstances: (a) satisfaction Satisfaction of the Service Level is prevented as a direct result of a serious health and safety issue outside of the LFC’s control; (b) satisfaction Satisfaction of the Service Level is prevented as a direct result of a delay in the provision of materials or information to be supplied by the Service Provider, required to complete the service; (c) acts Acts or omissions of Service Providers that prevent the LFC from meeting a Service Level (unless the Service Provider has received the LFC’s prior approval for such act or omission); (d) acts Acts or omissions of End Users that prevent the LFC from meeting a Service Level (unless the End User has received the LFC’s prior approval for such act or omission); (e) Any period of extension agreed between the Service Provider and an End User or between the LFC and the Service Provider; and (f) In relation to clause 1.2 of this Appendix, also in the following additional circumstances: i. acts or omissions of MDU owner(s) that prevent the LFC from meeting the Service Level in clause 1.2 of this Appendix (unless the MDU owner(s) has received the LFC’s prior approval for such act or omission); and ii. any period of extension agreed with the relevant MDU owner(s) and/or End User; and (fg) a A Force Majeure Event prevents satisfaction of the Service Level, including, for the avoidance of doubt, any Force Majeure Event affecting a contractor or supplier of the LFC which, if it occurred in relation to the LFC, would have been a Force Majeure Event (as referenced in clause (g) of the definition of “Force Majeure” in this Agreement), each a “Service Impairment”. 3.2 4.2 Any Service Level extension under clause 3.14.1 of this Appendix: (a) will be limited to the time that the Service Impairment continues to prevent or make illegal the LFC’s performance of the applicable Service Level;; and (b) is subject to the LFC promptly taking all reasonable steps, in accordance with Best Industry Practice, to eliminate or avoid the Service Impairment and mitigate its effect; and (c) in relation to any Service Level extension under clause 3.1(a4.1(a) to (e) of this Appendix only, will not be given to the extent the Service Impairment is caused or contributed to by the LFC or its contractors’ acts or omissions, the acts or omissions of any supplier of the LFC, or any person within the control or under the responsibility of the LFC. The following table specifies the Service Rebates payable by the LFC. 1.2 1.1 (a) - Residential - Fibre Connections (Individual) 10% of the applicable monthly rental fee for the relevant service(s) (specified in the order) per complete three-hour period that the Connection is late (capped at one month’s rental).