Common use of Service Outages Clause in Contracts

Service Outages. A Service Outage is defined as the complete unavailability of the affected Service, without any packet flow in either direction during any unscheduled period of time except that Windstream is not responsible for failure to meet performance objectives for any of the following reasons which shall not be deemed a Service Outage (collectively, “Exclusions”): • Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA • Actions, failures to act or delays by Customer or others authorized by or acting on behalf of Customer to use the Service • Failure of power, equipment, services or systems not provided by Windstream • Customer owned or leased equipment or facilities (e.g., Customer’s PBX or local area network) • Failure of Customer to afford Windstream or its agents access to the premises where access lines associated with the Services are terminated • Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use the Service • Maintenance activities (including planned and emergency) as set forth in Section 4 of this SLA and time to engage backup/standby access facilities • Implementation of a Customer order that requires a Service interruption • Labor difficulties, governmental orders, civil commotion, acts of God, and other circumstances beyond Windstream’s reasonable control • Failure of equipment or systems responsible for network measurements • In the event Windstream is unable to identify impact to Customer based on events linked to third party providers; and

Service Outages. A Service Outage is defined as the complete unavailability of the affected Service, without any packet flow in either direction during any unscheduled period of time except that Windstream is not responsible for failure to meet performance objectives for any of the following reasons which shall not be deemed a Service Outage (collectively, “Exclusions”): • Any Service Outage for which Customer may have previously obtained credit or compensation outside the terms of this SLA • Actions, failures to act or delays by Customer or others authorized by or acting on behalf of Customer to use the Service • Failure of power, equipment, services or systems not provided by Windstream • Customer owned or leased equipment or facilities (e.g., Customer’s PBX or local area network) • Failure of Customer to afford Windstream or its agents access to the premises where access lines associated with the Services are terminated • Election by Customer not to release the Service for testing and/or repair during which time Customer continues to use the Service • Maintenance activities (including planned and emergency) as set forth in Section 4 of this SLA and time to engage backup/standby access facilities • Implementation of a Customer order that requires a Service interruption • Labor difficulties, governmental orders, civil commotion, acts of God, and other circumstances beyond Windstream’s reasonable control • Failure of equipment or systems responsible for network measurements • Any Service Outage for sites connected by only one active access loop • Customer does not have access connected to SD-WAN configured in a diverse active/active or active/standby state • In the event Windstream is unable to identify impact to Customer based on events linked to third party providers; andand • Windstream provided CPE outages unless Customer has purchased high availability at the affected site