Common use of TECHNICAL AND OPERATIONAL MATTERS Clause in Contracts

TECHNICAL AND OPERATIONAL MATTERS. a. Each party represents that the Interconnection Points set forth in Schedule 1 are, and during the term of this Agreement shall be, connected as part of an internal network architecture comprised of multiple, cross-country circuits of at least DS3 (45 Mbps) speed. b. Neither party is obligated to accept third party routes from the other party. For purposes of this paragraph, any entity that peers with one party hereto but not with the other shall be considered a "third party." If third party routes are detected by either party, that party has the right to block the routes. The foregoing restriction shall not apply to routes of (i) Affiliates of a party, or (ii) customers whose transit traffic is carried by the other party or the other party's Affiliates. For purposes of this Agreement, "transit traffic" is traffic that a party agrees to transport to its final destination. c. Both parties shall maintain a consistent routing announcement. Both parties will present the same autonomous system number at the Interconnection Points listed in Schedule 1. (i) The parties will work together during the term of this Agreement to establish mutually agreed performance objectives and operational procedures to enable each party to provide the highest practical quality of service over its Internet Network and the interconnections provided hereunder, in a cost-effective fashion. In connection therewith, the parties shall make reasonable efforts to achieve a minimum end-to-end one-way packet delay. (ii) Each of the parties will make reasonable efforts to achieve a mean time to repair of four hours or less for all outages at the Interconnection Points set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 5.c. (iii) Each of the parties will develop scheduled maintenance procedures that provide for notification by one party to the other of all scheduled maintenance that could cause end-to-end connectivity loss for any user of more than five minutes. Each party agrees to give the other three calendar days' advance notice for scheduled maintenance that is expected to result in 30 minutes or more of end-to-end connectivity loss. d. Each party agrees to maintain a fully staffed network operations center ("NOC") that operates on a 24 hour/day, 7 days/week schedule. (i) Each party will, at its own expense and on a reasonable efforts basis, provide NOC support in cooperation with the other to maintain the smooth operational procedures for the interworking of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (eg, trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. (ii) Each of the parties will provide the other with certain limited access to data for the purpose of operational monitoring and the diagnosis of end-to-end connectivity problems. The determination of the extent of this limited access to data and definition of this data shall be by the mutual consent of both parties' engineering organizations. The parties will use their reasonable efforts to develop procedures to govern the timing and other terms and conditions upon which this access will be provided. e. Each of the parties shall make reasonable efforts to secure their respective Internet Networks and traffic through the Interconnection Points from unauthorized access, transmission, or use; furthermore, the parties shall cooperate to address security issues and develop security procedures.

TECHNICAL AND OPERATIONAL MATTERS. a. Each party represents that the Interconnection Points set forth in Schedule 1 are, and during the term of this Agreement shall be, connected as part of an internal network architecture comprised of multiple, cross-country circuits of at least DS3 (45 Mbps) speed. b. Neither party is obligated to accept third party routes from the other party. For purposes of this paragraph, any entity that peers with one party hereto but not with the other shall be considered a "third party." If third party routes are detected by either party, that party has the right to block the routes. The foregoing restriction shall not apply to routes of (i) Affiliates of a party, or (ii) customers whose transit traffic is carried by the other party or the other party's Affiliates. For purposes of this Agreement, "transit traffic" is traffic that a party agrees to transport to its final destination. c. Both parties shall maintain a consistent routing announcement. Both parties will present the same autonomous system number at the Interconnection Points listed in Schedule 1. (i) 4.1 The parties will work together during the term of this Agreement to establish mutually agreed performance objectives and operational procedures to enable each party to provide the highest practical quality of service over its Internet Network and the interconnections interconnection provided hereunder, in a cost-cost effective fashion. In connection therewith, the parties shall make use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. (ii) 4.2 Each of the parties will make use its reasonable efforts to achieve a mean time to repair of four hours or less for all outages at the Interconnection Points Point(s) set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 5.c4.b. (iii) 4.3 Each of the parties will develop scheduled maintenance procedures that provide for notification by one party to the other of all scheduled maintenance that could cause end-to-end connectivity loss for any user of more than five minutes. Each party agrees to give the other three calendar days' days advance notice for scheduled maintenance that is expected to result in 30 minutes or more of end-to-end connectivity loss. d. Each party agrees to maintain a fully staffed network operations center ("NOC") that operates on a 24 hour/day, 7 days/week schedule. (i) 4.4 Each party will, at its own expense and on a reasonable efforts basis, provide NOC Network Operations Center ("NOC") support in cooperation with the other so as to maintain the smooth operation of the network service. The parties shall develop operational procedures for the interworking interconnection of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (ege.g., trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. (ii) 4.5 Each of the parties will provide the other with certain limited access to data for the purpose of operational monitoring and the diagnosis of end-to-end connectivity problems. The determination of the extent of this limited access to data and definition of this data shall be by the mutual consent of both parties' engineering organizations. The parties will use their reasonable efforts to develop procedures to govern the timing and other terms and conditions upon which this access will be provided. e. 4.6 Each of the parties shall make will use its reasonable efforts to secure their collect during the term hereof and provide to the other party traffic information with respect to its Internet Network in order to better understand the nature of the traffic passing through the parties' respective Internet Networks Networks. In addition, each party shall use its reasonable efforts to track and traffic through provide the Interconnection Points from unauthorized access, transmission, or use; furthermore, other party with average and peak utilization data over the parties shall cooperate to address security issues and develop security proceduresinterconnection facilities set forth on Schedule 1 hereto.

TECHNICAL AND OPERATIONAL MATTERS. a. Each party represents that the Interconnection Points set forth in Schedule 1 are, and during the term of this Agreement shall be, connected as part of an internal network architecture comprised of multiple, cross-country circuits of at least DS3 (45 Mbps) speed. b. Neither party is obligated to accept third party routes from the other party. For purposes of this paragraph, any entity that peers with one party hereto but not with the other shall be considered a "third party." If third party routes are detected by either party, that party has the right to block the routes. The foregoing restriction shall not apply to routes of (i) Affiliates of a party, or (ii) customers whose transit traffic is carried by the other party or the other party's Affiliates. For purposes of this Agreement, "transit traffic" is traffic that a party agrees to transport to its final destination. c. Both parties shall maintain a consistent routing announcement. Both parties will present the same autonomous system number at the Interconnection Points listed in Schedule 1. (i) The parties will work together during the term of this Agreement to establish mutually agreed performance objectives and operational procedures to enable each party to provide the highest practical quality of service over its Internet Network and the interconnections interconnection(s) provided hereunder, in a cost-cost effective fashion. In connection therewith, the parties shall make use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. b. Each party represents that the Interconnection Point(s) are connected as part of an internal network architecture comprised of circuits of at least DS3 (ii45Mbps) speed. c. Each of the parties will make party shall use reasonable efforts to achieve a mean time to repair of four hours or less for all outages any Outages at the Interconnection Points set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 5.cPoint(s) within four (4) hours. (iii) Each of the parties will develop scheduled maintenance procedures that provide for notification by one party to the other of all scheduled maintenance that could cause end-to-end connectivity loss for any user of more than five minutes. d. Each party agrees to give the other three (3) calendar days' days advance notice for scheduled maintenance that is expected to result in 30 thirty (30) minutes or more of end-to-end connectivity lossloss of peering. d. e. Each party agrees to maintain a fully staffed network operations center shall, at its own expense, provide Network Operations Center ("NOC") that operates on a support. NOC support shall be available 24 hour/dayhours per day 7 days per week. Each NOC shall be staffed with personnel sufficiently skilled to be able to investigate and resolve any routing issue, 7 days/week scheduleor to escalate issues to on-call network engineering staff. (i) Each party will, at its own expense and on a reasonable efforts basis, provide NOC support in cooperation with the other to maintain the smooth operational procedures for the interworking of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (eg, trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. (ii) f. Each of the parties will shall provide the other with certain limited access to data for the purpose of operational monitoring and the diagnosis of end-to-end connectivity problems. The determination of the extent of this limited access to data and definition of this data shall be by the mutual consent of both parties' engineering organizations. The parties will use their reasonable efforts to develop procedures to govern the timing and other terms and conditions upon which this access will be provided. e. g. Each party shall, to the best of its ability, ensure that the exchange of traffic does not have any adverse impact on the operation and general performance of either party's Internet Network. Notwithstanding the foregoing, each party retains the right to protect its Internet Network and technical resources in accordance with the party’s absolute discretion. h. Each of the parties shall make use reasonable efforts to secure their respective Internet Networks and traffic through the Interconnection Points Point(s) from unauthorized access, transmission, transmission or use; furthermore, the parties shall cooperate to address security issues and develop security procedures. i. In order to exchange routes, each party will use the BGP4 routing protocol. Each party will also provide best efforts to use aggregated routes. Each party agrees that the following AS Numbers shall be used at the Interconnection Point(s). NAC, AS 8001, and COMPANY, AS .

TECHNICAL AND OPERATIONAL MATTERS. a. Each party represents that the Interconnection Points set forth in Schedule 1 are, and during the term of this Agreement shall be, connected as part of an internal network architecture comprised of multiple, cross-country circuits of at least DS3 (45 Mbps) speed. b. Neither party is obligated to accept third party routes from the other party. For purposes of this paragraph, any entity that peers with one party hereto but not with the other shall be considered a "third party." If third party routes are detected by either party, that party has the right to block the routes. The foregoing restriction shall not apply to routes of (i) Affiliates of a party, or (ii) customers whose transit traffic is carried by the other party or the other party's Affiliates. For purposes of this Agreement, "transit traffic" is traffic that a party agrees to transport to its final destination. c. Both parties shall maintain a consistent routing announcement. Both parties will present the same autonomous system number at the Interconnection Points listed in Schedule 1. (i) 4.1 The parties will work together during the term of this Agreement to establish mutually agreed performance objectives and operational procedures to enable each party to provide the highest practical quality of service over its Internet Network and the interconnections interconnection provided hereunder, in a cost-cost effective fashion. In connection therewith, the parties shall make use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. (ii) 4.2 Each of the parties will make use its reasonable efforts to achieve a mean time to repair of four hours or less (***) for all outages at the Interconnection Points Point(s) set forth on 3 THE INFORMATION BELOW MARKED (*) OR (***) HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED PORTIONS HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 5.c4.2. (iii) 4.3 Each of the parties will develop scheduled maintenance procedures that provide for notification by one party to the other of all scheduled maintenance that could cause end-to-end connectivity loss for any user of more than five minutes(***) . Each party agrees to give the other three calendar days' days advance notice for scheduled maintenance that is expected to result in 30 minutes or more (***) of end-to-end connectivity loss. d. Each party agrees to maintain a fully staffed network operations center ("NOC") that operates on a 24 hour/day, 7 days/week schedule. (i) 4.4 Each party will, at its own expense and on a reasonable efforts basis, provide NOC Network Operations Center ("NOC") support in cooperation with the other so as to maintain the smooth operation of the network service. The parties shall develop operational procedures for the interworking interconnection of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (ege.g., trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. (ii) 4.5 Each of the parties will provide the other with certain limited access to data for the purpose of operational monitoring and the diagnosis of end-to-end connectivity problems. The determination of the extent of this limited access to data and definition of this data shall be by the mutual consent of both parties' engineering organizations. The parties will use their reasonable efforts to develop procedures to govern the timing and other terms and conditions upon which this access will be provided. e. 4.6 Each of the parties shall make will use its reasonable efforts to secure their collect during the term hereof and provide to the other party traffic information with respect to its Internet Network in order to better understand the nature of the traffic passing through the parties' respective Internet Networks Networks. In addition, each party shall use its reasonable efforts to track and traffic through provide the Interconnection Points from unauthorized access, transmission, or use; furthermore, other party with average and peak utilization data over the parties shall cooperate to address security issues and develop security proceduresinterconnection facilities set forth on Schedule 1 hereto.