Common use of Service Performance Levels Clause in Contracts

Service Performance Levels. The network shall perform in accordance -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period. NETSTREAM shall have three (3) months following the receipt of such notice to cure such failure. If NETSTREAM fails to cure such failure within such three (3) month period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.

Service Performance Levels. The network shall perform in accordance -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM AVANTEL in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period[*]. NETSTREAM AVANTEL shall have three (3) months [*] following the receipt of such notice to cure such failure. If NETSTREAM AVANTEL fails to cure such failure within such three (3) month [*] period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section Paragraph 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section Paragraph 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months[*]). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM AVANTEL for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.

Service Performance Levels. The network shall perform in accordance -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM IMPSAT in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period. NETSTREAM IMPSAT shall have three (3) months following the receipt of such notice to cure such failure. If NETSTREAM IMPSAT fails to cure such failure within such three (3) month period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section Paragraph 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section Paragraph 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM IMPSAT for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.

Service Performance Levels. The network shall perform in accordance -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM EMBRATEL in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period. NETSTREAM EMBRATEL shall have three (3) months following the receipt of such notice to cure such failure. If NETSTREAM EMBRATEL fails to cure such failure within such three (3) month period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section Paragraph 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section Paragraph 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM EMBRATEL for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.

Service Performance Levels. The network shall perform in accordance with -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM AVANTEL in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period[*]. NETSTREAM AVANTEL shall have three (3) months [*] following the receipt of such notice to cure such failure. If NETSTREAM AVANTEL fails to cure such failure within such three (3) month [*] period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section Paragraph 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section Paragraph 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months[*]). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM AVANTEL for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.

Service Performance Levels. The network shall perform in accordance with -------------------------- with the service performance levels set forth in Exhibit A ("Service Performance Levels"). AOL shall notify NETSTREAM IMPSAT in the event that the network fails to meet or exceed the Service Performance Levels in two consecutive months or on an average over a three-month period. NETSTREAM IMPSAT shall have three (3) months following the receipt of such notice to cure such failure. If NETSTREAM IMPSAT fails to cure such failure within such three (3) month period, AOL may, at its sole option, either (i) terminate this Agreement for default, in accordance with Section Paragraph 8.2 ("Termination") or (ii) suspend the minimum network order commitments of Section Paragraph 1.1 ("Commitments") until such time as the network meets or exceeds the Service Performance Levels (based on average measurements over three (3) calendar months). For purposes of the foregoing, suspending the minimum network order commitments shall mean that for each month until the network has been brought into compliance with the Service Performance Levels, AOL shall have no obligation to place any orders for network capacity with NETSTREAM IMPSAT for such month. Further, AOL shall have no obligation following any period of suspension to make up for any network capacity orders not made during such period of suspension.