Common use of Site Availability Clause in Contracts

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ E Locations) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual continuity solution, Customer must order from Orange the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail). (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (d) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (e) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (f) For Locations that have dual CE Routers or dual Access Circuits, the failure of one of the CE Routers or one of the Access Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, D and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ & E Locations) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Qualifying Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Qualifying Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Qualifying Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual dual CE Router continuity solution, Customer the diversity of Tail Circuits must order from Orange be confirmed by the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)TO. (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (dc) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ed) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fe) For Locations that have dual CE Routers or dual Access Tail Circuits, the failure of one of the CE Routers or one of the Access Tail Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, D and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ & E Locations) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. Net.‌ The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Qualifying Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Qualifying Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Qualifying Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual dual CE Router continuity solution, Customer the diversity of Tail Circuits must order from Orange be confirmed by the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)TO. (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (dc) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ed) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fe) For Locations that have dual CE Routers or dual Access Tail Circuits, the failure of one of the CE Routers or one of the Access Tail Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, D and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ & E Locations) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. Net.‌ The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Qualifying Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Qualifying Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Qualifying Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual dual CE Router continuity solution, Customer the diversity of Tail Circuits must order from Orange be confirmed by the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)TO. (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (dc) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ed) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fe) For Locations that have dual CE Routers or dual Access Tail Circuits, the failure of one of the CE Routers or one of the Access Tail Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, Business VPN Small VM and Business VPN Corporate for Locations in Regions A, B, C, D, D and E are set forth Table 3 2 (Site Availability Service Levels for Regions A, B, C, D &‌ & E Locations) in Exhibit A Appendix 1 to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Netnet. The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Qualifying Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Qualifying Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Qualifying Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual dual CE Router continuity solution, Customer the diversity of Tail Circuits must order from Orange be confirmed by the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)TO. (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (dc) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ed) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - − Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fe) For Locations that have dual CE Routers or dual Access Tail Circuits, the failure of one of the CE Routers or one of the Access Tail Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ & E LocationsLocations†) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite ServiceAgreement. The Site Availability Service Level does not apply to Business VPN Small Off-Net. Net.‌ The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual continuity solution, Customer must order from Orange the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail). (b) For Locations with Dual continuity solution with FPDFPD or LMD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity or Last Mile Diversity, respectively, is no longer in place at a Location, then the Site Availability Service Level for "Dual with FPD FPD/LMD (dual Dual CE Routers) )" applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD FPD/LMD (dual Dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E LocationsLocations†) in in Exhibit A. (c) If a Location has a Business VPN Small Site Profile, then such Location will only be entitled to the corresponding Site Availability Service Level for “Dual with FPD/LMD (Dual CE Routers)” listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations†) of Exhibit A (Tables) so long as such Location has dual Dedicated Internet Access circuits. (d) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (de) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ef) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fg) For Locations that have dual CE Routers or dual Access Circuits, the failure of one of the CE Routers or one of the Access Circuits does not constitute an Outage.

Site Availability. The Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions A, B, C, D, D and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ & E Locations) in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. The actual Site Availability is calculated on a Monthly basis. If the actual Site Availability is less than the Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Charge for the applicable Site Profile for the Location where the Outage occurred. The credit will be calculated as one thirtieth (1/30th) of the Monthly Recurring Charge for each full hour of Outage exceeding the Outage time allowed under the Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring Charge. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) For Locations with Dual dual CE Router continuity solution, Customer the diversity of Tail Circuits must order from Orange be confirmed by the primary and secondary Access Circuits that are physically diverse (meaning that both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)TO. (b) For Locations with Dual continuity solution with FPD, if during the appliable Service Term the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A. (c) For Locations with Air Backup continuity solution, Customer must test the Air Backup on a Monthly basis with the CSM. (dc) For any Location where there is only one CE Router, if the CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ed) For any Location where there is only one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router failure will be excluded from the calculation of the total Outage time if Customer has not purchased either Service Select - Extended Service Support or Service Optimize with Availability SLA option (as described in the Service Description for Service Management) for the CE Router. (fe) For Locations that have dual CE Routers or dual Access Tail Circuits, the failure of one of the CE Routers or one of the Access Tail Circuits does not constitute an Outage.

Site Availability. Actual Site Availability is calculated on a Monthly basis using the following formula: SA = (1 – tOutage / tmax ) × 100‌ ▪ SA - percentage representing Site Availability. ▪ tOutage - total number of hours that the Service was unavailable due to Orange during the relevant Month. ▪ tmax - total number of hours for the applicable Month. The following Site Availability Service Levels for the Business VPN Small, and Business VPN Corporate for Locations in Regions apply: The countries associated with regions A, B, C, D, and E are set forth Table 3 (Site Availability Service Levels for Regions A, B, C, D &‌ E Locations) listed in Exhibit A to this Service Level Agreement so long as the Locations do not have Business VPN Lite Service. The Site Availability Service Level does not apply to Business VPN Small Off-Net. The actual Site Availability is calculated on a Monthly basis(Regions). If the actual Site Availability is less than the applicable Site Availability Service Level, then Customer will be entitled to receive a credit against the Monthly Recurring Charge for the applicable Site Profile Charges for the Location where the Outage occurred. The credit will be calculated as equal to one thirtieth (1/30th) of the Monthly Recurring Charge MRC for the Service at the Location for each full hour of Outage exceeding the Outage time allowed under the applicable Site Availability Service Level, up to a cumulative maximum credit of 100% of Monthly Recurring ChargeMRC for the Service at such Location. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) The Site Availability Service Levels apply only if the Access Circuits are provided by Orange. For clarity the Site Availability Service Levels for Locations with Dual continuity solution, Customer must order from Orange the primary and secondary Access Circuits that are physically diverse (meaning that only apply if both Access Circuits take different routes so that a fault (e.g. power outage, cable cut, etc.) occurring on one circuit will not cause the other circuit to fail)are provided by Orange. (b) For Locations with Dual continuity solution with FPDAll Outages caused by a faulty Customer Router will not be included in the measurement of tOutage and, if during therefore, such Outages will be excluded from the appliable Service Term calculation of the Access Provider(s) inform(s) Orange that Full Path Diversity is no longer in place at a Location, then the actual Monthly Site Availability Service Level for Dual with FPD (dual CE Routers) applicable to such Location will automatically and immediately change to the applicable Site Availability Service Level for Dual Without FPD (dual CE routers), as listed in Table 3 (Site Availability Service Levels for Regions A, B, C, D & E Locations) in in Exhibit A.Availability. (c) For Locations with Air Backup continuity solutionIf the CE Router is an Orange-Managed Router and Customer has not ordered Automation for the Location, then Customer must test report the Air Backup on Outage to the GCSC so that Orange can diagnose and verify the existence and cause of the Outage and create the Incident Report. If the CE Router is a Monthly basis with Customer Router, then only the CSMOutages caused by the Orange-provided Access Circuit and reported by the Customer to the GCSC will be included into the measurement of tOutage. (d) For any If the Location where there is only has one CE Router and such CE Router is an Orange-Managed Router, and if the CE Orange- Managed Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (e) For any If the Location where there is only has dual CE Routers that are Orange-Managed Routers, the failure of one CE Router, any Outage at such Location during non-Normal Business Hours as a result of the CE Router Routers does not constitute an Outage. (f) If the Location has Orange-provided Dual Access, the failure will be excluded from the calculation of one of the total Outage time if Access Circuits does not constitute an Outage. (g) If the Access Provider ceases to provide Full Path Diversity at a Location, then the Site Availability Service Level applicable to such Location will automatically convert from “Dual Access with FPD and with Dual CE Routers” to the “Dual Access Circuits without FPD and with Dual Orange CE Routers” Service Level retroactive to the beginning of the Month when the Access Provider ceased to provide Full Path Diversity. (h) The Site Availability Service Level does not apply unless Customer has not purchased either orders the Service Select - Extended Service Support or Management’s Service Optimize with and Availability SLA option options (as described in the Service Description for Service Management) for the CE RouterService. (f) For Locations that have dual CE Routers or dual Access Circuits, the failure of one of the CE Routers or one of the Access Circuits does not constitute an Outage.