Common use of TECHNICAL AND OPERATIONAL MATTERS Clause in Contracts

TECHNICAL AND OPERATIONAL MATTERS. 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 interconnection provided hereunder, in a cost effective fashion. In connection therewith, the parties shall use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. 4.2 Each of the parties will use its reasonable efforts to achieve a mean time to repair of four hours or less for all outages at the Interconnection Point(s) set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 4.b. 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 advance notice for scheduled maintenance that is expected to result in 30 minutes or more of end-to-end connectivity loss. 4.4 Each party will, at its own expense and on a reasonable efforts basis, provide 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 interconnection of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (e.g., trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. 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 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. 4.6 Each of the parties will use its reasonable efforts to 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. In addition, each party shall use its reasonable efforts to track and provide the other party with average and peak utilization data over the interconnection facilities set forth on Schedule 1 hereto.

TECHNICAL AND OPERATIONAL MATTERS. 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 interconnection provided hereunder, in a cost effective fashion. In connection therewith, the parties shall use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. 4.2 Each of the parties will use its reasonable efforts to achieve a mean time to repair of four hours or less (***) for all outages at the Interconnection 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 4.b4.2. 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 advance notice for scheduled maintenance that is expected to result in 30 minutes or more (***) of end-to-end connectivity loss. 4.4 Each party will, at its own expense and on a reasonable efforts basis, provide 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 interconnection of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (e.g., trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. 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 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. 4.6 Each of the parties will use its reasonable efforts to 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. In addition, each party shall use its reasonable efforts to track and provide the other party with average and peak utilization data over the interconnection facilities set forth on Schedule 1 hereto.

TECHNICAL AND OPERATIONAL MATTERS. 4.1 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 interconnection interconnections provided hereunder, in a cost cost-effective fashion. In connection therewith, the parties shall use their make reasonable efforts to achieve a minimum end-to-end one-way packet delay. 4.2 (ii) Each of the parties will use its make reasonable efforts to achieve a mean time to repair of four hours or less for all outages at the Interconnection Point(s) Points set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 4.b5.c. 4.3 (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 days' advance notice for scheduled maintenance that is expected to result in 30 minutes or more of end-to-end connectivity loss. 4.4 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 Network Operations Center ("NOC") 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 interconnection interworking of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (e.g.eg, trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenance. 4.5 (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. 4.6 e. Each of the parties will use its shall make reasonable efforts to collect during the term hereof secure their respective Internet Networks 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. In additionInterconnection Points from unauthorized access, each party transmission, or use; furthermore, the parties shall use its reasonable efforts cooperate to track address security issues and provide the other party with average and peak utilization data over the interconnection facilities set forth on Schedule 1 heretodevelop security procedures.

TECHNICAL AND OPERATIONAL MATTERS. 4.1 a. The parties will shall 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 interconnection interconnection(s) provided hereunder, in a cost effective fashion. In connection therewith, the parties shall use their reasonable efforts to achieve a minimum end-to-end one-way packet delay. 4.2 b. Each party represents that the Interconnection Point(s) are connected as part of the parties will an internal network architecture comprised of circuits of at least DS3 (45Mbps) speed. c. Each party shall use its reasonable efforts to achieve a mean time to repair of four hours or less for all outages any Outages at the Interconnection Point(s) set forth on Schedule 1. The parties will cooperate with each other in each party's efforts under this paragraph 4.bwithin four (4) hours. 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. d. Each party agrees to give the other three (3) calendar 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. 4.4 e. Each party willshall, at its own expense and on a reasonable efforts basisexpense, provide Network Operations Center ("NOC") support. NOC support in cooperation shall be available 24 hours per day 7 days per week. Each NOC shall be staffed with the other so as personnel sufficiently skilled to maintain the smooth operation of the be able to investigate and resolve any routing issue, or to escalate issues to on-call network service. The parties shall develop operational procedures for the interconnection of their respective Internet Networks, including without limitation inter-NOC problem management information exchanges (e.g., trouble ticket tracking), and NOC escalation procedures for addressing unscheduled outages or emergency maintenanceengineering staff. 4.5 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 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. 4.6 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 will shall use its reasonable efforts to collect during secure their respective Internet Networks and traffic through the term hereof Interconnection Point(s) from unauthorized access, transmission or use; furthermore, the parties shall cooperate to address security issues and provide to the other party traffic information with respect to its Internet Network in develop security procedures. i. In order to better understand the nature of the traffic passing through the parties' respective Internet Networks. In additionexchange routes, each party shall will use its reasonable the BGP4 routing protocol. Each party will also provide best efforts to track use aggregated routes. Each party agrees that the following AS Numbers shall be used at the Interconnection Point(s). NAC, AS 8001, and provide the other party with average and peak utilization data over the interconnection facilities set forth on Schedule 1 heretoCOMPANY, AS .