SCHEDULE 3
ATM SERVICE
Exhibit 10.17.3
AMENDMENT 3
THIS AMENDMENT 3 ("Amendment 3") is made and entered into this 20th day of June,
2002, ("Effective Date") by and between XXXXXXXX COMMUNICATIONS, LLC, a Delaware
limited liability company ("Xxxxxxxx") and Universal Access, Inc., a Delaware
corporation ("Customer") having it's principal place of business at Sears Tower,
000 X. Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000.
WHEREAS, Xxxxxxxx and Customer are parties to that certain Master Services
Agreement dated October 3, 2001, contract number 01R1966.00 as amended February
19, 2002 by Amendment 1, and as amended April 10, 2002 by Amendment 2
(collectively the "Agreement"); and
WHEREAS, Xxxxxxxx and Customer desire to amend the Agreement;
NOW, THEREFORE in consideration of the foregoing premises and mutual promises
and covenants of the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, Xxxxxxxx and Customer agree to amend the Agreement as
follows:
1. Section 2.2 of Schedule 1, Private Line Services, shall be deleted in its
entirety and replaced with the following pricing, which shall only apply to
new Service Orders placed from the Effective Date of this Amendment and
shall not apply to Service Orders previously placed by Customer and
accepted by Xxxxxxxx:
2.2 MINIMUM MONTHLY RECURRING CHARGE. Notwithstanding the foregoing, the
minimum monthly recurring charge for any Interexchange circuit ordered
by Customer will be based upon the applicable Monthly Recurring Rate
for *** VGE V & H miles.
2. Table A.2 of Schedule 1, Private Line Services shall be deleted in its
entirety.
3. Section 2.3 of Schedule 2, Optical Wave Service, shall be deleted in its
entirety and replaced with the following pricing, which shall only apply to
new Service Orders placed from the Effective Date of this Amendment and
shall not apply to Service Orders previously placed by Customer and
accepted by Xxxxxxxx:
2.3 MINIMUM MONTHLY RECURRING CHARGE. Notwithstanding the foregoing, the
minimum monthly recurring charge for any OC-48 Interexchange circuit
ordered by Customer will be based upon the applicable Monthly
Recurring Rate for *** VGE V & H miles.
4. Table B.2 of Schedule 2, Optical Wave Service shall be deleted in its
entirety.
5. Schedule 3, ATM Service, shall be deleted in its entirety and replaced with
the Schedule 3 attached hereto, which is hereby incorporated by reference
and made a part of the Agreement. The pricing in this Schedule 3 shall only
apply to new Service Orders placed from the Effective Date of this
Amendment and shall not apply to Service Orders previously placed by
Customer and accepted by Xxxxxxx.
6. Section 3.1, Table K.1 of Schedule 13, Metro Access Private Line Service,
shall be deleted in its entirety and replaced with the following pricing,
which shall only apply to new Service Orders placed from the Effective Date
of this Amendment and shall not apply to Service Orders previously placed
by Customer and accepted by Xxxxxxxx.
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
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TABLE K.1 MONTHLY RECURRING RATES
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DS-3 OC-3 OC-12 OC-48
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ADDITIONAL ADDITIONAL ADDITIONAL ADDITIONAL
REGION 0-15 MILES MILE 0-15 MILES MILEAGE 0-15 MILES MILEAGE 0-15 MILES MILEAGE
---------------------------------------------------------------------------------------------------------------------------
Ameritech *** *** *** *** *** *** *** ***
Xxxx Atlantic & Nynex *** *** *** *** *** *** *** ***
Xxxx South *** *** *** *** *** *** *** ***
Pac Xxxx *** *** *** *** *** *** *** ***
SWBell *** *** *** *** *** *** *** ***
USWest *** *** *** *** *** *** *** ***
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7. Table A of Section 1.1, of the Agreement is hereby amended to include
Schedule 14, Metro Access Optical Wave Service and Schedule 15, Private
Line Quality of Service.
8. Schedule 14, "Metro Access Optical Wave Services", as attached hereto and
incorporated into this Amendment shall govern the provision and pricing of
Metro Access Optical Wave Services ordered by Customer and accepted by
Xxxxxxxx upon and after the Effective Date of this Amendment.
9. Schedule 15, "Private Line Quality of Service", as attached hereto and
incorporated into this Amendment shall govern the provision and pricing of
Private Line Quality of Service s ordered by Customer and accepted by
Xxxxxxxx upon and after the Effective Date of this Amendment
10. Except as specifically amended herein, all terms, conditions and provisions
contained in the Agreement shall remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year
set forth below.
UNIVERSAL ACCESS, INC. XXXXXXXX COMMUNICATIONS, LLC:
/s/ Xxxx X. Xxxxxx /s/ Xxxxx Xxxxxx
-------------------------------------- --------------------------------------
Signature of Authorized Representative Signature of Authorized Representative
Xxxx Xxxxxx Xxxxx Xxxxxx
------------------------------------- --------------------------------------
Printed Name Printed Name
Sr. VP Procurement COO
-------------------------------------- --------------------------------------
Title Title
6-17-02 6-20-02
-------------------------------------- --------------------------------------
Date Date
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
This Service Schedule is a schedule to and a part of that Master Services
Agreement No. ________________ ("MSA") by and between Xxxxxxxx Communications,
LLC ("Xxxxxxxx"), and Customer.
SECTION 1. DESCRIPTION OF SERVICE
SERVICE DESCRIPTION. Xxxxxxxx' Network Asynchronous Transfer Mode Service
(the "ATM Service") is cell-based switching and multiplexing technology, which
can support applications requiring high bandwidth and high performance. ATM
Service will allow Customers who have requirements for high speed, inter-premise
connectivity to interconnect their multiple locations via a User Network
Interface ("UNI") and Network-to-Network ("NNI") elements from the Customer
premise equipment ("CPE") to the Xxxxxxxx' point of presence ("POP"). ATM
Service is a general-purpose, connection-oriented technology that provides
integration of disparate networks onto a single communications infrastructure.
ATM Service provides the capability to route traffic between various end points
via virtual circuits that are predefined on the Xxxxxxxx' ATM network and in the
CPE. The Customer is responsible for segmenting information into 53 byte cells
for transport across the Xxxxxxxx' ATM network. ATM Service provides networking
capabilities suited for high-speed, low delay, bandwidth intensive applications
such as voice, video and data that require real-time or near real-time
connectivity between multiple locations.
SECTION 2. RECURRING RATES AND CHARGES
2.1 UNI AND NNI PORT CONNECTIONS. Rates for User Network Interface Port
Connections and Network-to-Network Port Connections are determined based on
the port speed connections selected by Customer. An NNI port is defined as
one end of a connection between Xxxxxxxx' ATM network and another carrier's
network. Some type of interconnect (local loop, cross connect, etc.) and a
port on the other carrier's network is also required to complete the NNI.
The connecting carrier could be either a customer or Third Party Provider.
Port Connections are currently available at DS3, OC3 and OC12 speeds. DS1
ATM ports are also available on a limited basis. Monthly recurring charges
for ATM ports are set forth in Table C.1 below.
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TABLE C.1 MONTHLY RECURRING PORT CHARGE - ONE YEAR TERM
-------------------------------------------------------------------------------------
Circuit Type *DS1 DS3 OC3 OC12
-------------------------------------------------------------------------------------
PVC Port *** *** *** ***
-------------------------------------------------------------------------------------
PVC/SVC Enabled *** *** *** ***
-------------------------------------------------------------------------------------
*DS1 has limited availability
-------------------------------------------------------------------------------------
2.2 VIRTUAL CIRCUITS. There are two types of virtual circuits ("VCs"), which
can be selected, the Permanent Virtual Circuit ("PVC") or the Switched
Virtual Circuit ("SVC"). The PVC is a pre-defined path that is fixed until
a permanent change is made to the path. Xxxxxxxx offers two types of PVCs
the Virtual Channel Connection ("VCCs") or the Virtural Patch Connection
("VPC"). The type of virtual circuit selected by the Customer does not
determine the price. The SVC is a path that is established across the
network on an as-needed basis. An SVC session is initiated by the
Customer's premise equipment (CPE) sending a request for specified
bandwidth, class of service and destination point(s) and lasts only for the
duration of the data transfer. An SVC session requires confirmation of
Network Availability in order for the session to be established. Pricing
for virtual circuits is determined based on the Class of Service ("CoS").
Four Classes of Service are offered by Xxxxxxxx: Constant Bit Rate ("CBR"),
Variable Bit Ratereal time ("VBRrt"), Variable Bit Ratenon-real time
("VBRnrt"), and Unspecified Bit Rate ("UBR"). CoS charges are stated in
terms of Sustained Cell Rate ("SCR") which are stated in Megabit per second
("Mbps") increments for one-way (Simplex) VCs. SCR increments are available
in 1 Mbps increments up to 40 Mbps for DS3 ports, 5 Mbps increments up to
150 Mpbs for OC3 ports and 25 Mbps increments up to 600 Mbps for OC12
ports. Monthly recurring charges for bandwidth are set forth below in Table
C.2.
a. PERMANENT VIRTUAL CIRCUITS. Monthly recurring charges for PVC (VCCs or
VPCs) bandwidth are set forth below in Table C.2.
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TABLE C.2 MONTHLY RECURRING BANDWIDTH CHARGES
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the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
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PRICE PER PRICE PER PRICE PER PRICE PER
PORT SCR Mbps Mbps Mbps PVC
SPEED (Mbps) CoS CoS CoS CoS
SIMPLEX
----------------------------------------------------------------------------------------------------------------
DS3 1-9 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
10-19 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
20-29 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
30-40 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
OC3 1-20 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
21-35 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
36-55 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
56-75 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
76-95 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
96-120 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
121-150 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
OC12 1-75 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
76-175 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
176-275 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
276-350 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
351-475 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
476-600 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
PRICE PER PRICE PER PRICE PER PRICE PER
SCR Mbps Mbps Mbps PVC
(Mbps) CoS CoS CoS CoS
----------------------------------------------------------------------------------------------------------------
64 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
128 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
192 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
256 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
320 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
384 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
448 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
512 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
576 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
640 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
704 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
768 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
832 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
896 CBR *** VBRrt *** VBRnrt *** UBR ***
----------------------------------------------------------------------------------------------------------------
b. a per minute, per megabyte basis and are set forth in Table C.3 below.
Billing for SVC services is usage sensitive and invoiced in arrears.
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TABLE C.3 SVC CHARGE PER MINUTE/ PER Mbps
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CBR VBrt VBRnrt *UBR
--------------------------------------------------------------------
*** *** *** ***
--------------------------------------------------------------------
*UBR is billed per month in months when usage is initiated.
***per minute of usage is added to the above
--------------------------------------------------------------------
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
2.3 ATM FLEX-UNI. ATM Flex-UNI allows Customers, expecting to outgrow their
initial physical port size within the first twelve (12) months of their
Service, a migration path to larger Permanent Virtual Circuits ("PVCs")
without requiring an upgrade of their hardware.
a. OC3 ORDERING INCREMENTS. Customer can order PVCs in one (1) megabyte
increments starting with one (1) megabyte up to nineteen (19)
megabytes for an OC3 physical port. Once Customer needs a twenty (20)
megabyte PVC, Customer must revert to the standard OC3 port pricing
regardless of the time remaining on the twelve (12) month period.
b. OC12 ORDERING INCREMENTS. Customer can order PVCs in five (5) megabyte
increments starting with five (5) megabytes up to seventy (70)
megabytes for an OC12 physical port. Once Customer needs a 75-megabyte
PVC, Customer must revert to the standard OC12 port pricing regardless
of the time remaining on the twelve (12) month period.
c. ATM FLEX UNI TERM COMMITMENT. Before ATM Flex-UNI Service will be
allowed, Customer must collocate at Xxxxxxxx' POP and commit to a
three (3) year term for the Service. Customer will receive the reduced
ATM Flex-UNI rate for the first twelve (12) months of the circuit.
Customer will be charged Xxxxxxxx' standard ATM rate for the port, (i)
if Customer exceeds the ATM Flex-UNI capacity during the first twelve
(12) months of Service; or (ii) beginning the 13th month of the
circuit, whichever is sooner.
d. MONTHLY RECURRING CHARGES. ATM Flex-UNI pricing is based on flat
monthly fee assessed per node, which includes a flat port charge based
on the port connection speed, a charge for each PVC's SCR going out
from the port, and local access. ATM Flex-UNI is priced simplex,
meaning that a PVC's SCR is priced for both the ingress and egress
SCR. Monthly recurring charges for ATM Flex-UNI pricing is set forth
below in Table C.4.
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TABLE C.4 MONTHLY RECURRING PORT CHARGE
-----------------------------------------------------------
DS1 DS3 OC3 OC12
-----------------------------------------------------------
PVC *** *** *** ***
-----------------------------------------------------------
PVC/SVC *** *** *** ***
-----------------------------------------------------------
SECTION 3. NON-RECURRING RATES AND CHARGES
3.1 UNI/NNI PORT AND ATM FLEX-UNI CONNECTIONS. Non-recurring charges may be
incurred for the Port, VC connections. Non-recurring Charges are set forth
below in Table C.5.
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TABLE C.5 ATM NON RECURRING CHARGES
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DS3 OC3 OC12
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ORDER INSTALLATION
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Port *** *** ***
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PVC *** *** ***
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CHANGE OF SERVICE DATE CHARGE (1ST CHANGE FREE)
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Port *** *** ***
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PVC *** *** ***
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CHANGE OF SERVICE ORDER CHARGE
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Pre-Engineering *** *** ***
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Post-Engineering *** *** ***
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Port Order Change *** *** ***
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PVC Order Change *** *** ***
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ORDER CANCELLATION
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Pre-Engineering *** *** ***
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Post-Engineering *** *** ***
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
RECONFIGURATION
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Port *** *** ***
----------------------------------------------------------------------------------------------------
PVC *** *** ***
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ASR *** *** ***
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ASR CHANGE *** *** ***
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ORDER EXPEDITE
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Port *** *** ***
----------------------------------------------------------------------------------------------------
PVC *** *** ***
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In addition to the above charges, Customer is required to reimburse Xxxxxxxx for any Third Party
Provider charges relating to Customer's service. Non-Recurring Charges not described above will be
considered special requests and will be handled on an individual case basis. All of the charges
stated above are subject to change with thirty (30) calendar days notice. A complete description of
the above charges is published at xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/xxxxxxx/xxxxxxxx-xxxxxxx/
process-policy.html.
----------------------------------------------------------------------------------------------------
3.2 INSTALLATION CHARGES. For Xxxxxxxx Services, installation charges shall
be ***
3.3 MISCELLANEOUS. Customer should be aware that from time to time, third-party
charges are levied to Xxxxxxxx after submission of the original Service
Order from Customer. Xxxxxxxx may be obligated to pass these charges to
Customer. Xxxxxxxx will inform Customer of any such charges before the
charges are passed to Customer as referenced in Section 5.3 of the
Agreement. Xxxxxxxx cannot commit that all charges related to any requested
Service will always be on the original Service Order.
3.4 NON-RECURRING PRICING. Pricing for Non-Recurring ATM Service shall be as
set forth in this Section 3 and are subject to change upon thirty (30)
calendar days' written or electronic notice by Xxxxxxxx to Customer. Price
changes shall only be effective on a going-forward basis and shall not
apply to Service Orders placed by Customer and accepted by Xxxxxxxx prior
to the effective date of the respective price change.
SECTION 4. OUTAGE CREDITS
4.1 OUTAGE CREDITS. Customer acknowledges the possibility of an unscheduled,
continuous and/or interrupted period of time during which ATM Service is
unavailable or fails to conform to the Technical Specifications below
("Outage"). An Outage shall begin upon the earlier of Xxxxxxxx' actual
knowledge of the Outage or Xxxxxxxx' receipt of notice from the Customer of
the Outage. In the event of an Outage, Customer shall be entitled to a
credit ("Outage Credit") upon Xxxxxxxx' receipt of Customer's written
request for such Outage Credit. The amount of the Outage Credit for ATM
Service shall be an amount equal to ten percent (10%) of the monthly Port,
PVC and/or usage charges (as stated on the applicable Service Order)
regardless of the length of such Outage.
4.2 EXCESSIVE OUTAGES. If a single circuit experiences either (a) three (3) or
more outages of fifteen (15) minutes duration or longer during any thirty
(30) day period, or (b) one or more outages of fifteen (15) minutes each in
each of three (3) consecutive months or (c) one (1) outage of more than
twenty-four (24) consecutive hours in a one (1) calendar month period,
("Excessive Outage"), Customer shall be entitled, in addition to the
applicable Outage Credit, if any, to terminate such circuits as are
affected by the Excessive Outage without liability for the Early
Termination Charge set forth in Section 6.4 of the Agreement. However,
Customer shall be liable for any termination liability associated with
Third Party Local Access Service or any other Third Party Service
associated with such disconnection.
In the event Customer terminates a circuit for an Excessive Outage pursuant
to this Section and such termination causes the Customer to fall below
their Revenue Commitment, such terminated circuit shall count toward
Customer's Annual Commitment as if it had not been terminated.
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
4.3 REMEDY. The Outage Credit and right to terminate for an Excessive Outage as
set forth in this Section 4 shall be the sole and exclusive remedy of
Customer in the event of any Outage and under no circumstances shall an
Outage be deemed a default under the Agreement.
4.4 LIMITATIONS. Customer shall not receive an Outage Credit if the Outage is
(i) of a duration of less than two (2) consecutive hours; (ii) caused by
Customer or others authorized by Customer to use the Services under the
Agreement; (iii) due to the failure of power, facilities, equipment,
systems or connections not provided by Xxxxxxxx; (iv) caused by the failure
of Third Party Local Access Service to Xxxxxxxx' fiber optic network; (v)
the result of scheduled maintenance where Customer has been notified of
scheduled maintenance in advance; or (vi) due to a Force Majeure event as
defined in the Agreement.
4.5 INVOICE CREDIT. Outage Credits shall be credited on Customer's next monthly
invoice for the affected Service.
SECTION 5. TECHNICAL SPECIFICATIONS
5.1 TECHNICAL SPECIFICATIONS. Xxxxxxxx' ATM Service shall perform in accordance
with the Technical Specifications set forth herein. The standards by which
Xxxxxxxx' ATM Service is measured apply on a one-way basis between
Xxxxxxxx' POPs only and involves five (5) variables as set forth in this
Section.
(a) NETWORK AVAILABILITY. Xxxxxxxx' Network Availability is a measurement
of the percent of total time that Xxxxxxxx ATM Service is operative when
averaged over a month (720 hours/month). For Xxxxxxxx ATM Services on
Xxxxxxxx' network, Network Availability shall average 99.999% from Xxxxxxxx
POP to Xxxxxxxx POP measured over a one (1) month period. Network
Availability for Services of a Third Party Provider is established by the
Third Party Provider. The Local Access Service availability standards for
Xxxxxxxx ATM Services are established by the Local Access Service provider.
(b) MEAN TIME TO RESTORE. Mean Time to Restore ("MTTR") is the average time
required to restore Xxxxxxxx ATM Service and resume availability in a
one-month (720 hour) period and is stated in terms of equipment failure and
cable outages. The time is measured from the moment the outage is reported
until the latter of (i) restoration of the first fiber on a cable cut or
(ii) equipment is repaired and service is available. With respect to
Xxxxxxxx ATM Service, Xxxxxxxx has an objective to repair network equipment
within an average of two (2) hours and have the first fiber on a cable cut
restored within an average of four (4) hours. Xxxxxxxx will undertake
repair efforts on equipment or fiber when Xxxxxxxx first becomes aware of
the problem, or when notified by Customer and Customer has released all or
part of the Service for testing. The maintenance standards in this Section
only apply for equipment or fiber on Xxxxxxxx' owned and operated network
and from Xxxxxxxx' POP to Xxxxxxxx' POP. Failure to meet the above
objectives is a failure to meet the MTTR service level.
(c) LATENCY. Latency is measured as the one-way trip time, averaged over a
month (720 hours), required for a cell (53 bytes) to travel between a list
of certain Xxxxxxxx owned and operated POPs (such list to be determined by
criteria established by Xxxxxxxx and available to Customer upon request).
For ATM Services on Xxxxxxxx' Network, average Latency will be less than
fifty milliseconds (50 ms) for CBR Service, fifty-five milliseconds (55 ms)
for VBRrt Service, and sixty milliseconds (60 ms) for VBRnrt Service. No
Latency is offered for UBR Service.
(d) CELL LOSS. Cell Loss is measured as the percentage of cells (53 byte
cells) at five (5) iterations of one hundred (100) trials, averaged over a
month (720hours) lost between a list of Xxxxxxxx owned and operated POPs
(such list to be determined by criteria established by Xxxxxxxx and
available to Customer upon request). For ATM Services on Xxxxxxxx' Network,
Cell Loss will be less than 10E-9 for CBR service and 10E-6 for VBRrt and
VBRnrt Service, averaged over a month period (720 hours) between the
representative list of Xxxxxxxx' POPs. No Cell Loss amount is offered for
UBR Service.
(e) CELL DELAY VARIATION. Cell Delay Variation is the delay between the
actual arrival time of a cell (53 bytes) measured against the expected
arrival time of such cell, averaged over a month (720 hours), required to
travel one way between a list of Xxxxxxxx' owned and operated POPs (such
list to be determined by criteria established by Xxxxxxxx and available to
Customer upon request). For ATM Service on Xxxxxxxx' Network, average Cell
Delay Variation will be less than two
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
milliseconds (2ms) for CBR and VBRrt Service at a DS-3 level and six
hundred (600) microseconds for CBR and VBRrt Service at an OC-3 level. No
Cell Delay Variation is offered for UBR Service.
SECTION 6. PRODUCT INTERVALS
IMPLEMENTATION INTERVALS. Xxxxxxxx' standard service implementation
interval for DSN and OC-3 and OC-12 service is set forth below in Table C.6.
Third Party Service implementation intervals shall be determined on an
individual case basis. Xxxxxxxx shall make reasonable efforts to provide
Xxxxxxxx' Services within its standard service implementation interval. Failure
of Xxxxxxxx to deliver by such date shall not constitute a default under the MSA
and Xxxxxxxx shall not be liable to pay to Customer any penalties or damages for
Xxxxxxxx' failure to meet such standard service implementation intervals
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TABLE C.6 IMPLEMENTATION INTERVALS FOR PORTS AND PVC'S
--------------------------------------------------------------------------------------
STANDARD INTERVAL STANDARD INTERVAL
SERVICE TYPE POP TO POP POP TO POP w/THIRD PARTY
LOCAL ACCESS
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DSn *** ***
--------------------------------------------------------------------------------------
OC-3 and Oc-12 *** ***
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SECTION 7. PLANNED NETWORK MAINTENANCE ACTIVITY
7.1 TIMING. Xxxxxxxx shall avoid performing network maintenance between 0600 to
2200 Central Time (or local time with respect to facilities comprising
international Service), Monday through Friday, inclusive, that will have a
disruptive impact on the continuity or performance level of Customer's
Service. However, the preceding sentence does not apply to restoration of
continuity to a severed or partially severed fiber optic cable, restoration
of dysfunctional power and ancillary support equipment, or correction of
any potential jeopardy conditions. Xxxxxxxx will use commercially
reasonable efforts to notify Customer prior to emergency maintenance.
7.2 NOTICE. Xxxxxxxx shall provide Customer with electronic mail, telephone,
facsimile, or written notice of all non-emergency, planned network
maintenance (i) not less than ***business days prior to performing
maintenance that, in its reasonable opinion, has a substantial likelihood
of affecting Customer's traffic for up to *** milliseconds, and (ii) not
less than *** business days prior to performing maintenance that, in its
reasonable opinion, has a substantial likelihood of affecting Customer
traffic for more than *** milliseconds. If Xxxxxxxx' planned activity is
canceled or delayed, Xxxxxxxx shall promptly notify Customer and shall
comply with the provisions of this Section to reschedule any delayed
activity.
SECTION 8. WARRANTY
Xxxxxxxx warrants that Xxxxxxxx' ATM Service shall be provided to
Customer in accordance with the applicable Technical Specifications set forth
above. Xxxxxxxx shall use commercially reasonable efforts under the
circumstances to remedy any delays, interruptions, omissions, mistakes,
accidents or errors in the Services and restore such Services to comply with the
terms hereof. THE FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND IS
PROVIDED IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE OUTAGE CREDITS REMEDY AND RIGHT TO TERMINATE FOR
EXCESSIVE OUTAGES PROVIDED TO CUSTOMER AS SET FORTH IN SECTION 4 OF THIS SERVICE
SCHEDULE IS
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 3
ATM SERVICE
THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO CUSTOMER AND IS IN LIEU OF ALL OTHER
REMEDIES, REGARDLESS OF WHETHER THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
IN WITNESS WHEREOF, THE PARTIES HAVE INDICATED THEIR AGREEMENT BY SIGNING BELOW.
UNIVERSAL ACCESS, INC.: XXXXXXXX COMMUNICATIONS, LLC:
/s/ Xxxx Xxxxxx /s/ Xxxxx Xxxxxx
----------------------------- ----------------------------------------
Signature of Authorized Signature of Authorized Representative
Representative
Xxxx Xxxxxx Xxxxx Xxxxxx
----------------------------- ----------------------------------------
Printed Name Printed Name
Sr. VP Procurement COO
----------------------------- ----------------------------------------
Title Title
6-17-02 6-20-02
----------------------------- ----------------------------------------
Date Date
[XXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 14
METRO ACCESS OPTICAL WAVE SERVICE
This Service Schedule is a schedule to and a part of that Master Services
Agreement No. 01R1966.00 ("MSA") by and between Xxxxxxxx Communications, LLC
("Xxxxxxxx"), and Customer, provided however, that Xxxxxxxx may designate an
affiliate to provide any portion of the Metro Access Wave Service.
SECTION 1. METRO OPTICAL WAVE SERVICES
1.1 METRO OPTICAL WAVE SERVICE DESCRIPTION. Xxxxxxxx' Metro Access Wave Service
("Metro Wave Service") consists of protected or unprotected, concatenated
OC-48 and OC-192 wavelengths. To provide Metro Wave Service, Xxxxxxxx uses
dense wavelength division multiplexing ("DWDM") technology to multiplex
OC-48 and OC-192 signals at unique wavelengths over a single optical fiber.
Metro Wave Service will originate at the fiber cross connect in a Xxxxxxxx'
metro access point ("MAP(s)") designated in the applicable Service Order as
the origination point, and will terminate at the fiber cross connect in the
MAP designated in applicable the Service Order as the termination point.
The MAPs constituting the end points of each Metro Wave Service circuit
shall both be located within the same Metro Wave Market, as defined below,
or shall be located within adjacent Metro Wave Markets (for example, a
Metro Wave Service circuit may extend between MAPs located in Anaheim and
Los Angeles). Protected Metro Wave Service is an optional Service
configuration in which Xxxxxxxx' owned or operated equipment located at the
originating MAP (i.e., the MAP where Customer transfers its traffic to
Xxxxxxxx) duplicates Customer's signal and transmits each signal over
separate optical fibers to the terminal MAP. Xxxxxxxx owned or operated
equipment located in the terminal MAP chooses the signal of superior
quality, or the surviving signal if only one signal arrives, and delivers
it to Customer. Unprotected Metro Wave Service is a Service configuration
where only one signal is transmitted between MAPs. The provisions of
Article 4 of the MSA (Local Access Services) shall not apply to Metro Wave
Service and Metro Wave Service shall not be considered a Third Party
Service.
1.2 TIMING. Metro Optical Wave Service does not include a timing source.
Customer must provide a clocking source for its equipment.
SECTION 2. SERVICE AVAILABILITY
SERVICE AVAILABILITY. Xxxxxxxx offers Metro Wave Service in select
locations in the cities set forth below (each a "Metro Wave Market"):
--------------------------------------------------------------------
METRO WAVE MARKETS
--------------------------------------------------------------------
Anaheim Los Angeles Santa Xxxxx
Atlanta Miami St. Louis
Baltimore Minneapolis San Francisco
Boston Newark San Xxxx
Chicago New York Seattle
Dallas Philadelphia Washington, D.C.
Houston Phoenix
--------------------------------------------------------------------
Xxxxxxxx may add new Metro Access Markets or remove existing Metro Access
Markets by providing written or electronic notice to Customer. Any adjustments
shall only be effective on a prospective basis and shall not apply to Service
Orders placed by Customer and accepted by Xxxxxxxx prior to the effective date
of the adjustment.
SECTION 3. RECURRING RATES AND CHARGES
3.1 MONTHLY RECURRING RATES.
a. OC-48 METRO WAVE CHARGES. Monthly recurring charges for OC-48 Metro
Wave Service are set forth in the table below and include both a fixed
and variable component. The fixed rate is based upon the local
exchange carrier region in which the Metro Wave Market is located and
whether the circuit is configured as protected or unprotected. The
variable rate is based upon the mileage between the Xxxxxxxx MAPs,
which constitute the end points of the circuit. Portions of additional
miles will be rounded to the nearest mile (for example, 15.1 miles
would be rounded to 15 miles and 15.5 miles would be rounded to 16
miles). Customer shall also pay any monthly Metro Optical Wave Service
cross connect or interconnect charges as set forth in Table A-1.
[XXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 14
METRO ACCESS OPTICAL WAVE SERVICE
---------------------------------------------------------------------------------------------------
Monthly Recurring Charges OC-48 UNPROTECTED WAVE OC-48 PROTECTED WAVE
---------------------------------------------------------------------------------------------------
REGION 0-15 miles Each Additional 0-15 miles Each Additional Mile
Mile
---------------------------------------------------------------------------------------------------
AMERITECH *** *** *** ***
XXXX ATLANTIC & NYNEX *** *** *** ***
XXXX SOUTH *** *** *** ***
PAC XXXX *** *** *** ***
SWBELL *** *** *** ***
USWEST *** *** *** ***
---------------------------------------------------------------------------------------------------
b. OC-192 METRO WAVE CHARGES. OC-192 Metro Wave Service is offered on an
individual case basis and pricing for each OC-192 Optical Wave Service
circuit requested by Customer shall be developed on an individual case
basis. Pricing and any additional terms and conditions for an OC-192
Metro Wave Service circuit shall be set forth on the applicable
Service Order accepted by Xxxxxxxx.
SECTION 4. NON-RECURRING RATES AND CHARGES
4.1 NON-RECURRING CHARGES. Non-Recurring Charges may be incurred for OC-48 and
OC-192 Metro Wave Service. Non-Recurring Charges are set forth in Table A.1
below.
-------------------------------------------------------------------------------------------------------------
TABLE A.1 NON-RECURRING OC-48 WAVE OC-192 WAVE
CHARGES
-------------------------------------------------------------------------------------------------------------
UNPROTECTED PROTECTED WAVE UNPROTECTED WAVE PROTECTED WAVE
WAVE
-------------------------------------------------------------------------------------------------------------
Installation *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Change Of Service Order Charge
-------------------------------------------------------------------------------------------------------------
Pre-engineering *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Post-engineering *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Order Cancellation
-------------------------------------------------------------------------------------------------------------
Pre-engineering *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Post-engineering *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Order Expedite *** *** *** ***
-------------------------------------------------------------------------------------------------------------
Cross Connect Install Charge *** *** *** ***
-------------------------------------------------------------------------------------------------------------
4.2 INSTALLATION CHARGES. For Xxxxxxxx Services, installation charges shall be
*** .
4.3 MISCELLANEOUS. Customer should be aware that from time to time, third-party
charges are levied to Xxxxxxxx after submission of the original Service
Order from Customer. Xxxxxxxx may be obligated to pass these charges to
Customer. Xxxxxxxx will inform Customer of any such charges before the
charges are passed to Customer as referenced in Section 5.3 of the
Agreement. Xxxxxxxx cannot commit that all charges related to any requested
Service will always be on the original Service Order.
4.4 NON-RECURRING PRICING. Pricing for Non-Recurring Metro Access Wave Line
Service shall be as set forth in this Section 4 and are subject to change
upon thirty (30) calendar days' written or electronic notice by Xxxxxxxx to
Customer. Price changes shall only be effective on a going-forward basis
and shall not apply to Service Orders placed by Customer and accepted by
Xxxxxxxx prior to the effective date of the respective price change.
SECTION 5. OUTAGE CREDITS
5.1 OUTAGE CREDITS. Customer acknowledges the possibility of an unscheduled,
continuous and/or interrupted period of time during which Metro Wave
Service fails to conform to the Technical Specifications below (an
"Outage"). An Outage
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the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 14
METRO ACCESS OPTICAL WAVE SERVICE
shall begin upon the earlier of Xxxxxxxx' actual knowledge of the Outage or
Xxxxxxxx' receipt of notice from the Customer of the Outage. In the event
of an Outage, Customer shall be entitled to a credit ("Outage Credit") upon
Xxxxxxxx' receipt of Customer's written request for such Outage Credit. The
amount of the Outage Credit for Metro Wave Service shall be an amount equal
to 1/720 of the monthly recurring charge for that portion of the Metro Wave
Service which is subject to the Outage for each hour in excess of the first
two (2) consecutive hours that the affected Metro Wave Service fails to
conform to the Technical Specifications set forth below.5.2 EXCESSIVE
OUTAGES. If a single circuit experiences either (a) three (3) or more
outages of fifteen (15) minutes duration or longer during any thirty (30)
day period, or (b) one or more outages of fifteen (15) minutes each in each
of three consecutive months or (c) one (1) outage of more than twenty-four
(24) consecutive hours in a one (1) calendar month period, ("Excessive
Outage"), Customer shall be entitled, in addition to the applicable Outage
Credit, if any, to terminate such circuits as are affected by the Excessive
Outage without liability for the Early Termination Charge set forth in
Section 6.4 of the Agreement. However, Customer shall be liable for any
termination liability associated with Third Party Local Access Service or
any other Third Party Service associated with such disconnection.
In the event Customer terminates a circuit for an Excessive Outage pursuant
to this Section and such termination causes the Customer to fall below
their Revenue Commitment, such terminated circuit shall count toward
Customer's Annual Commitment as if it had not been terminated.
5.3 REMEDY. The Outage Credit and the right to terminate for an Excessive
Outage as set forth in this Section 5 shall be the sole and exclusive
remedy of Customer in the event of any Outage and under no circumstances
shall an Outage be deemed a default under the Agreement.
5.4 LIMITATIONS. Customer shall not receive an Outage Credit if the Outage is:
(i) of a duration of less than two (2) consecutive hours; (ii) caused by
Customer or others authorized by Customer to use the Metro Access Optical
Wave Services under the MSA; (iii) due to the failure of power, facilities,
equipment, systems or connections not provided by Xxxxxxxx; (iv) caused by
the failure of Third Party Local Access Service to Xxxxxxxx' owned and
operated network; (v) the result of scheduled maintenance where Customer
has been notified of scheduled maintenance in advance; or (vi) due to a
Force Majeure event as defined in Section 8.5 of the Agreement.
5.5 CREDIT PAYMENT. Xxxxxxxx shall credit Customer with Outage Credits on the
next monthly invoice for the affected Service.
SECTION 6. TECHNICAL SPECIFICATIONS
6.1 TECHNICAL SPECIFICATIONS. The standards and specifications for Metro Wave
Service described in Sections 6.2 and 6.3 are measured and apply on a
one-way basis between the MAPs constituting the end points of a Metro Wave
Service circuit.
6.2 NETWORK AVAILABILITY.
a. Network availability is a measurement of the percent of total time
that Metro Wave Service is operative when measured over a 365
consecutive day (8760 hour) period. For unprotected Metro Wave
Services on Xxxxxxxx' network, availability shall be 99.339% measured
over a one-year period. For protected Metro Wave Services on Xxxxxxxx
network, availability shall be 99.95% measured over a one-year period.
Network availability may vary depending upon the length of the Metro
Wave Service circuit.
b. Performance is noted in error free seconds ("EFS"), which is a measure
of the percentage of total seconds that do not contain bit errors over
a period of thirty (30) consecutive days measured while Service is
available, as described above. For unprotected Metro Wave Services on
Xxxxxxxx' network, EFS shall be 99.076% measured over a one-year
period. For protected Metro Wave Service on Xxxxxxxx network, EFS
shall be 99.5% measured over a one-year period.
6.3 MONITORING. Xxxxxxxx shall provide the following network monitoring
services and reporting procedures for Metro Wave Service.
a. REMOTE ALARM SURVEILLANCE. Xxxxxxxx shall provide remote alarm
surveillance and sectionalization equipment and shall monitor Metro
Wave Service for disruptions on Xxxxxxxx' owned and operated network
in accordance with Telecordia GR-253-CORE SONET Transport Systems
Common Generic Criteria (Dec. 1997).
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 14
METRO ACCESS OPTICAL WAVE SERVICE
b. NOTIFICATION. In the event Xxxxxxxx receives an alarm that, in
Xxxxxxxx' opinion, affects or may reasonably affect the performance or
availability of Metro Wave Service, Xxxxxxxx will notify the Customer's
designated contact for receiving such notices by electronic mail,
telephone, or facsimile. Such notice will include (i) the type and
status of alarm or the condition that caused the alarm, (ii) the
estimated time to repair, (iii) and the suspected cause of the alarm.
Xxxxxxxx will report the status of repair work and an estimate of the
time to complete the repair.
6.4 MEAN TIME TO RESTORE. Mean Time to Restore (MTTR) shall be the average time
required to restore service and resume availability and is stated in terms
of repairing Xxxxxxxx' equipment and cable outages. The time is measured
from the moment the outage is reported until the service is available. With
respect to Metro Wave Service, Xxxxxxxx has an objective of repairing
network equipment within an average of two (2) hours and an objective to
have the first fiber on a cable cut restored within an average of six (6)
hours. Xxxxxxxx will undertake repair efforts on equipment or fiber when
Xxxxxxxx first becomes aware of the problem, or when notified by Customer
and Customer has released all or part of the Service for testing. The
maintenance standards in this Section 6.4 only apply for Xxxxxxxx'
equipment and fiber on Xxxxxxxx' owned and operated network between the
MAPs constituting the end points of the affected Metro Wave Service
circuit.
SECTION 7. PRODUCT INTERVALS
IMPLEMENTATION INTERVALS. Xxxxxxxx' standard service implementation
intervals for a Metro Wave Service circuit are set forth below in Table A2.
Standard implementation intervals vary depending on the type of circuit ordered
and whether such circuit is intended to be interconnected with an interexchange
wave service also ordered from Xxxxxxxx. Third Party Service implementation
intervals shall be determined on an individual case basis. Xxxxxxxx shall make
reasonable efforts to provide Metro Wave Service within its standard service
implementation interval. Failure of Xxxxxxxx to deliver Metro Wave Service by
such date shall not constitute a default under the MSA and Xxxxxxxx shall not be
liable to pay to Customer any penalties or damages for Xxxxxxxx' failure to meet
such standard service implementation intervals.
---------------------------------------------------------------------------------------------------------------
TABLE A.2 IMPLEMENTATION INTERVALS
---------------------------------------------------------------------------------------------------------------
SERVICE TYPE STANDARD INTERVAL FOR METRO WAVE STANDARD INTERVAL FOR METRO WAVE SERVICE
SERVICE ONLY ORDERED WITH A XXXXXXXX IXC WAVE SERVICE
---------------------------------------------------------------------------------------------------------------
OC-48 Waves *** ***
---------------------------------------------------------------------------------------------------------------
OC-192 Waves *** ***
---------------------------------------------------------------------------------------------------------------
SECTION 8. PLANNED NETWORK MAINTENANCE ACTIVITY
8.1 TIMING. Xxxxxxxx shall avoid performing network maintenance between 0600 to
2200 Central Time, Monday through Friday, inclusive, that will have a
disruptive impact on the continuity or performance level of Customer's
Metro Wave Service. However, the preceding sentence does not apply to
restoration of continuity to a severed or partially severed fiber optic
cable, restoration of dysfunctional power and ancillary support equipment,
or correction of any other emergency conditions. Xxxxxxxx will use
commercially reasonable efforts to notify Customer prior to emergency
maintenance.
8.2 NOTICE. Xxxxxxxx shall provide Customer with notice of all non-emergency,
planned network maintenance by mail, electronic mail, telephone, or
facsimile: (i) not less than *** business days prior to performing
maintenance that, in its reasonable opinion, has a substantial likelihood
of affecting Customer's traffic for up to *** milliseconds, and (ii) not
less than*** business days prior to performing maintenance that, in
Xxxxxxxx' reasonable opinion, has a substantial likelihood of affecting
Customer traffic for more than *** milliseconds. If Xxxxxxxx' planned
activity is cancelled or delayed, Xxxxxxxx shall promptly notify Customer
and shall comply with the provisions of this Section to reschedule any
delayed activity.
SECTION 9. WARRANTY
Xxxxxxxx warrants that Metro Wave Service shall be provided to Customer in
accordance with the applicable Technical Specifications set forth above.
Xxxxxxxx shall use commercially reasonable efforts under the circumstances to
remedy any delays, interruptions, omissions, mistakes, accidents or errors in
the Service and restore such Service to comply with the terms
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 14
METRO ACCESS OPTICAL WAVE SERVICE
hereof. THE FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND IS
PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE OUTAGE CREDITS REMEDY AND RIGHT TO TERMINATE FOR
EXCESSIVE OUTAGES PROVIDED TO CUSTOMER AS SET FORTH IN SECTION 5 OF THIS SERVICE
SCHEDULE IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO CUSTOMER AND IS IN LIEU OF
ALL OTHER REMEDIES, REGARDLESS OF WHETHER THIS WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.
SECTION 10 FCC REGULATION
Customer represents that more than ten percent (10%) of the total traffic
carried on each Metro Wave Service circuit provided pursuant to this Service
Schedule is interstate traffic. If it is determined at any time that any Metro
Wave Service circuit provided hereunder is subject to regulation by a U.S. state
regulatory agency or District of Columbia regulatory agency, the service may be
provided by Xxxxxxxx or its affiliates pursuant to applicable state laws,
regulations and applicable tariffs, or Xxxxxxxx and its affiliates my
discontinue provision of the affected Metro Wave Service.
IN WITNESS WHEREOF, THE PARTIES HAVE INDICATED THEIR AGREEMENT BY SIGNING BELOW.
UNIVERSAL ACCESS, INC.: XXXXXXXX COMMUNICATIONS, LLC:
/s/ Xxxx X. Xxxxxx /s/ Xxxxx Xxxxxx
-------------------------------------- --------------------------------------
Signature of Authorized Representative Signature of Authorized Representative
Xxxx Xxxxxx Xxxxx Xxxxxx
-------------------------------------- --------------------------------------
Printed Name Printed Name
Sr. VP Procurement COO
-------------------------------------- --------------------------------------
Title Title
6-17-02 6-20-02
-------------------------------------- --------------------------------------
Date Date
SCHEDULE 15
PRIVATE LINE QUALITIES OF SERVICE SCHEDULE
This Service Schedule is a schedule to and a part of that Master
Services Agreement No. 01R1966.00 ("MSA") by and between Xxxxxxxx
Communications, LLC ("Xxxxxxxx"), and Customer.
SECTION 1. PRIVATE LINE QUALITIES OF SERVICE
1.1 SERVICE DESCRIPTION. Xxxxxxxx' Private Line Qualities of Service ("PLQoS")
provides domestic DS-3 and Optical SONET (OC-N) circuits which are
specifically dedicated to Customer's use between two (2) points specified
by the parties in a Service Order and meeting the technical requirements as
defined below in Section 5, Technical Specifications for Private Line
Qualities of Service. In addition, PLQoS includes only those circuits where
the entire circuit is located solely upon the Xxxxxxxx' owned and operated
network and both end points of such circuit originate and terminate at a
QoS City as set forth below. Xxxxxxxx' Private Line Qualities of Service
includes the four (4) levels of Service set forth below.
a. PLATINUM. Platinum PLQoS is a protected Xxxxxxxx' Service, offering
maximum availability and geographically diverse protection paths. The
time it takes for the Xxxxxxxx' Platinum PLQoS to switch paths in the
event of a fiber cut or electronic failure ("Switch Time") is between
twenty (20) and one hundred eighty (180) milliseconds. Availability
for Platinum PLQoS is 100.00%, excluding Switch Time.
b. GOLD. Gold PLQoS is a protected Xxxxxxxx' Service, offering superior
availability and geographically diverse protection paths. The Switch
Time for Xxxxxxxx' Gold PLQoS is between two hundred (200)
milliseconds and two (2) seconds. Availability for Gold PLQoS is
99.997%, excluding Switch Time.
c. SILVER. Silver PLQoS is an unprotected Xxxxxxxx' Service but offers
high availability. Xxxxxxxx' Silver PLQoS offers no fiber or
electronic diversity. Availability for Silver PLQoS is 99.5%.
d. BRONZE. Bronze PLQoS is a restorable Xxxxxxxx' Service, which can be
preempted when capacity is needed for Platinum or Gold PLQoS. If
Bronze PLQoS is preempted, the Service will be restored when excess
capacity becomes available. Bronze PLQoS is offered as a Service level
objective and therefore no Outage Credits will apply. Xxxxxxxx'
Availability objective for Bronze PLQoS is 99.00%.
SECTION 2. RECURRING RATES AND CHARGES
2.1 MONTHLY RECURRING RATES.
a. QOS CITIES.
(i) Xxxxxxxx has selected cities available for provisioning of the
PLQoS Service. Xxxxxxxx may add new QoS Cities, which will be
listed on the Xxxxxxxx' Customer Service Website at
xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx/xxxxxxx/xxxxxxxx-xxxxxxx/
process-policy.html.
(ii) Service, which originates and/or terminates at a city other than
a QoS City will be provided according to Customer's Private Line
Service Schedule attached to the MSA.
b. INTEREXCHANGE RATES. Interexchange rates for PLQoS Services wholly on
Xxxxxxxx' owned and operated network, which originate and terminate in
a QoS City are as set forth in Tables A.1a- A.1d below. Pricing for
any Service not on Xxxxxxxx' network will be determined on an
individual case basis ("ICB") and will be set forth on Customer's
Service Order. The applicable Remedy Level, as described in Section
4.1 below, is indicated by scored box in the tables below.
------------------------------------------------------------------------------------------------
TABLE A.1A MONTHLY RECURRING RATES - PLATINUM PLQoS (RATES ARE PER VGE V&H MILE)
------------------------------------------------------------------------------------------------
Term DS3 OC3 OC12 OC48
------------------------------------------------------------------------------------------------
1 year *** *** *** ***
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
TABLE A.1 B MONTHLY RECURRING RATES AND REMEDY LEVEL - GOLD PLQoS (RATES ARE PER VGE V&H MILE)
------------------------------------------------------------------------------------------------
TERM DS3 OC3 OC12 OC48
------------------------------------------------------------------------------------------------
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the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 15
PRIVATE LINE QUALITIES OF SERVICE SCHEDULE
1 year *** *** *** ***
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
TABLE A.1C MONTHLY RECURRING RATES - SILVER PLQoS (RATES ARE PER VGE V&H MILE)
------------------------------------------------------------------------------------------------
TERM DS3 OC3 OC12 OC48
------------------------------------------------------------------------------------------------
1 year *** *** *** ***
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
TABLE A.1D MONTHLY RECURRING RATES - BRONZE PLQoS (RATES ARE PER VGE V&H MILE)
------------------------------------------------------------------------------------------------
TERM DS3 OC3 OC12 OC48
------------------------------------------------------------------------------------------------
1 year *** *** *** ***
------------------------------------------------------------------------------------------------
MINIMUM MONTHLY RECURRING CHARGE. Notwithstanding the foregoing, the minimum
monthly recurring charge for any Interexchange circuit ordered by Customer will
be based upon the applicable Monthly Recurring Rate for one hundred (100) VGE V
& H miles.
SECTION 3. NON-RECURRING RATES AND CHARGES
3.1 NON-RECURRING CHARGES. Non-Recurring Charges may be incurred for Private
Line connections. Non-Recurring Charges are set forth in Table A.3 below.
------------------------------------------------------------------------------------------------
TABLE A.3 NON-RECURRING CHARGES DS-3
------------------------------------------------------------------------------------------------
Order Installation ***
------------------------------------------------------------------------------------------------
Change Of Service Date Charge (1st change free) ***
------------------------------------------------------------------------------------------------
Pre-engineering ***
------------------------------------------------------------------------------------------------
Post-engineering ***
------------------------------------------------------------------------------------------------
Order Cancellation
------------------------------------------------------------------------------------------------
Pre-engineering ***
------------------------------------------------------------------------------------------------
Post-engineering ***
------------------------------------------------------------------------------------------------
Reconfiguration Charge ***
------------------------------------------------------------------------------------------------
Access Service Request (ASR) ***
------------------------------------------------------------------------------------------------
Access Service Request (ASR) Change ***
------------------------------------------------------------------------------------------------
Order Expedite ***
------------------------------------------------------------------------------------------------
3.2 INSTALLATION CHARGES. For Xxxxxxxx Services, installation charges shall be
***.
3.3 MISCELLANEOUS. Customer should be aware that from time to time, third-party
charges are levied to Xxxxxxxx after submission of the original Service
Order from Customer. Xxxxxxxx may be obligated to pass these charges to
Customer. Xxxxxxxx will inform Customer of any such charges before the
charges are passed to Customer. Xxxxxxxx cannot commit that all charges
related to any requested Service will always be on the original Service
Order.
3.4 NON-RECURRING PRICING. Pricing for Non-Recurring Private Line Quality of
Service charges shall be as set forth in this Section 3 and are subject to
change upon thirty (30) calendar days' written or electronic notice by
Xxxxxxxx to Customer. Price changes shall only be effective on a
going-forward basis and shall not apply to Service Orders placed by
Customer and accepted by Xxxxxxxx prior to the effective date of the
respective price change.
SECTION 4. OUTAGE CREDITS
4.1 OUTAGE CREDITS. Customer acknowledges the possibility of an unscheduled
period of time during which Xxxxxxxx PLQoS Service fails to conform to the
Technical Specifications below ("Outage"). An Outage shall begin upon the
earlier of Xxxxxxxx' actual knowledge of the Outage or Xxxxxxxx' receipt of
Customer's notice of such Outage. The Customer shall also provide Xxxxxxxx
a written request for the Outage Credit reasonably identifying the Outage.
Such request shall indicate the Technical Specification to which Customer
claims the Service has failed to conform and shall include supporting
documentation evidencing that the Service has failed to comply with the
applicable Technical Specifications.
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*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 15
PRIVATE LINE QUALITIES OF SERVICE SCHEDULE
In the event of an Outage, Customer shall be entitled to a credit ("Outage
Credit") pursuant to this Schedule upon Xxxxxxxx' receipt of Customer's
written request for such Outage Credit. The amount of the Outage Credit for
Xxxxxxxx' PLQoS Service will be an amount equal to the Outage Credit
percentages, set forth in Table A.5a and A.5b below, of the monthly
recurring charges for the affected circuit(s) (as stated on the applicable
Service Order) when Xxxxxxxx Service does not conform to the Technical
Specifications on a monthly basis. Bronze PLQoS is offered only as a
Xxxxxxxx' Service objective and therefore Customer will not receive Outage
Credits for the Bronze PLQoS service level. If the Xxxxxxxx PLQoS Service
fails to conform for the next consecutive month to the same Technical
Specifications as in the prior month, the Customer shall be entitled to
receive the next percentage level of the Outage Credits for the affected
circuits. After any month in which a specific variable of the Technical
Specifications for the Service is corrected from its prior non-conformance,
the Outage Credit percentage for that specific variable will be reset at
month one (1). Outage Credits shall never exceed 100.00% of the monthly
recurring charge ("MRC") for a circuit. If in any month the Xxxxxxxx
Service fails to conform to the Technical Specifications of Network
Availability and one of the other Technical Specifications, Customer shall
be awarded the higher Outage Credit amount.
a. NETWORK AVAILABILITY. EXAMPLE 1: Assumption: Customer purchases
Platinum PLQoS. If, in the first (1st) month, the average Availability
of all Platinum PLQoS services ordered by Customer is less than
100.00%, excluding Switch Time, Customer would receive 100.00% of the
MRC of each individual circuit which did not meet 100.00%
Availability. If, in the second (2nd) consecutive month, the average
Availability of all Platinum PLQoS services ordered by Customer is
less than 100.00%, excluding Switch Time, Customer would receive
100.00% of the MRC of each individual circuit which did not meet
100.00% Availability. EXAMPLE 2: Assumption: Customer purchases Silver
PLQoS. If, in the first (1st) month, the average Availability of all
Silver PLQoS services ordered by Customer is less than 99.5%,
excluding Switch Time, Customer would receive 10% of the MRC for each
individual circuit which did not meet 99.5% Availability. If, in the
second (2nd) consecutive month, the average Availability of all Silver
PLQoS services ordered by Customer is less than 99.5%, excluding
switching times, Customer would receive 15% of the MRC for each
individual circuit which did not meet 99.5% Availability. If, in the
third (3rd) month, the average Availability of all Silver PLQoS
services ordered by Customer is greater than or equal to 99.5%,
excluding switching times, Customer would not receive a credit on any
circuits and the next month that the average Availability of all
Silver PLQoS services ordered does not meet 99.5% Customer would
receive 10% of the MRC of each individual circuit which did not meet
99.5% Availability.
---------------------------------------------------------------------------------------------------------------------------------
TABLE A.4a OUTAGE CREDITS - AVAILABILITY
---------------------------------------------------------------------------------------------------------------------------------
Remedy Level Months of Outage MAXIMUM OUTAGE CREDIT PERCENTAGE
---------------------------------------------------------------------------------------------------------------------------------
Platinum Failure to meet applicable Availability standard in any 100% of the Monthly Recurring Charge for the
month affected circuits
---------------------------------------------------------------------------------------------------------------------------------
Gold 1st Month of failure to meet applicable Availability 30% of the Monthly Recurring Charge for the
standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
2nd Consecutive month of Failure to meet applicable 35% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
3rd Consecutive month of Failure to Meet applicable 40% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
4th Consecutive month of failure to meet applicable 45% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
5th Consecutive month of failure to meet applicable 50% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
Silver 1st Month of failure to meet applicable Availability 10% of the Monthly Recurring Charge for the
standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
2nd Consecutive month of failure to meet applicable 15% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
3rd Consecutive month of failure to meet applicable 20% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
4th Consecutive month of failure to meet applicable 25% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
5th Consecutive month of failure to meet applicable 30% of the Monthly Recurring Charge for the
Availability standard affected circuits
---------------------------------------------------------------------------------------------------------------------------------
b. Mean Time To Restore, Error Free Seconds, Severely Errored Seconds and
Latency.
------------------------------------------------------------------------------------------------------
TABLE A4b OUTAGE CREDITS - MEAN TIME TO RESTORE, ERROR FREE SECONDS, SEVERELY ERRORED SECONDS, LATENCY
------------------------------------------------------------------------------------------------------
Months of Outage MAXIMUM OUTAGE CREDIT PERCENTAGE
------------------------------------------------------------------------------------------------------
1st Month of any Outage Condition 15% of Monthly Recurring Charge for affected
circuits
------------------------------------------------------------------------------------------------------
2nd Consecutive Month of the same Outage 20% of Monthly Recurring Charges for affected
Condition circuits
------------------------------------------------------------------------------------------------------
3rd Consecutive Month of the same Outage 25% of Monthly Recurring Charges for affected
Condition circuits
------------------------------------------------------------------------------------------------------
4th Consecutive Month of the same Outage 30%of Monthly Recurring Charges for affected
Condition circuits
------------------------------------------------------------------------------------------------------
5th Consecutive Month of the same Outage 35% of Monthly Recurring Charges for affected
Condition circuits
------------------------------------------------------------------------------------------------------
Example 3: Assumption: Customer purchases any PLQoS. If the first (1st)
month, the average percentage of Error Free Seconds per day for all
Xxxxxxxx PLQoS Services ordered is less than 99.99% and the average number
of Severely Errored Seconds per day for all Xxxxxxxx XX QoS services
ordered is greater than 8, Customer would receive 15% of the MRC for each
individual circuit which failed to meet either the 99.99% Error Free
Seconds or the 8 Severely Errored Seconds per day. If, in the second (2nd)
month, the average Error Free Seconds for all Xxxxxxxx PLQoS Services
ordered
[XXXXXXXX COMMUNICATIONS LOGO]
Xxxxxxxx Communications - Proprietary & Confidential
SCHEDULE 15
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is less than 99.99% but the number of Severely Errored Seconds per day for
all Xxxxxxxx PLQoS Services orders is less than 8, Customer would receive
20% of the MRC for each individual circuit which failed to meet the 99.99%
Error Free Seconds. If, in the third (3rd) month, the Average Error Free
Seconds for all Xxxxxxxx PLQoS Services ordered is greater than 99.99%
Customer would not receive a credit on any circuits and the next month that
any of the technical specifications were not met the remedy structure would
be reset to the 15% credit level. Example 4: If in month one Xxxxxxxx fails
to meet the 99.997% Availability metric for Gold PLQoS on a $10,000.00
circuit and also in that same month fails to meet the 99.99% Error Free
Seconds metric, Customer would receive a credit on the next month's invoice
equal to the greater of 30% MRC for the Gold Availability service level or
15% MRC for failure to meet the Error Free Seconds variable. So in this
example Customer would receive $3,000.00 in credit on the next month's
invoice ($10,000.00 * 30% = $3,000.00). All examples assume that Customer
has complied with the procedures for requesting an Outage Credit.
4.2 EXCESSIVE OUTAGES. For Platinum and Gold PLQoS only, if a single circuit
experiences either (a) three (3) or more outages of fifteen (15) minutes
duration or longer during any thirty (30) day period, or (b) one or more
outages of fifteen (15) minutes each in each of three (3) consecutive
months or (c) one (1) outage of more than twenty-four (24) consecutive
hours in a one (1) calendar month period, ("Excessive Outage"), Customer
shall be entitled, in addition to the applicable Outage Credit, if any, to
terminate such circuits as are affected by the Excessive Outage without
liability for the Early Termination Charge set forth in Section 6.4 of the
Agreement. However, Customer shall be liable for any termination liability
associated with Third Party Local Access Service or any other Third Party
Service associated with such disconnection.
4.3 REMEDY. The Outage Credit and right to terminate for an Excessive Outage as
set forth in this Section 4 shall be the sole and exclusive remedy of
Customer in the event of any Outage and under no circumstances shall an
Outage be deemed a default under the MSA. The Outage Credit amount provided
to Customer will not be cumulative but will be the greater of the
applicable Outage Credit for Availability or the Technical Specification
variables addressed in Table A4b.
4.4 LIMITATIONS Customer shall not receive an Outage Credit if the Outage is
(i) of a duration of less than two (2) consecutive hours; (ii) caused by
Customer or others authorized by Customer to use the Services under the
Agreement; (iii) due to the failure of power, facilities, equipment,
systems or connections not provided by Xxxxxxxx; (iv) caused by the failure
of Third Party Local Access Service to Xxxxxxxx' fiber optic network; (v)
the result of scheduled maintenance where Customer has been notified of
scheduled maintenance in advance; or (vi) due to a Force Majeure event as
defined in the Agreement.
4.5 CREDIT PAYMENT. Outage Credits shall be credited on Customer's next monthly
invoice for the affected Service.
SECTION 5. TECHNICAL SPECIFICATIONS
5.1 TECHNICAL SPECIFICATIONS DS-3 service is provided in accordance with
ANSI Standard T1.102 and T1.404. DS-3 Service operates at 44.736 Mbps. Optical
SONET Services are provided in accordance with ANSI Standard T1.105. OC-3
service operates at 155.52 Mbps, with 3 separate STS-1 signaling paths, and an
OC-3c operating at 155.52 Mbps contains 1 STS-3c signaling path. OC-12 Service
operates at 622.080 Mbps with either 12 separate STS-1 signaling paths or 4
separate STS-3c paths. OC-12C Service operates at 622.080 Mbps with 1 STS-12C
signaling path). The standards by which Xxxxxxxx' Private Line Service is
measured apply on a one-way basis between Xxxxxxxx' POPs only and involves the
five (5) variables set forth in the subsections below.
(a) NETWORK AVAILABILITY. Network Availability is a measurement of the average
percent of total time that service is operative when measured in a month. DS-3
and Optical SONET Service is considered inoperative when there has been a loss
of signal or when two consecutive 15 second loop-back tests confirm the
observation of a bit error rate equal to or worse than 1 x 10-6. A Service
deemed inoperative under this description will not be included in measurements
for Error Free Seconds or Severely Errored Seconds. Network Availability for
Xxxxxxxx' PLQoS excludes switch time. Network Availability, excluding switch
time, for Private Line QoS will be as follows: Platinum QoS has 100.00%
availability; Gold QoS has 99.997% availability; Silver QoS has 99.5%
availability and Bronze QoS has 99.00% availability and is a service objective
only. Network Availability for Services of a Third Party Provider is established
by the Third Party Provider. The local access availability standards for DS-3
and Optical SONET Services are established by the Local Access Service provider
and are not considered in determining whether Xxxxxxxx Service has met the
Technical Specifications in determining Outages and Outage Credits.
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Xxxxxxxx Communications - Proprietary & Confidential
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PRIVATE LINE QUALITIES OF SERVICE SCHEDULE
(b) MEAN TIME TO RESTORE. Mean Time to Restore (MTTR) shall be the average time
required to restore Service and resume availability when measured in a month.
The time is measured from the moment the outage is reported until the first
fiber is repaired. With respect to Xxxxxxxx Private Line Service, Xxxxxxxx will
repair network equipment within an average of two (2) hours and the first fiber
on a cable cut within an average of four (4) hours when averaged over a the
rolling periods set forth above. Xxxxxxxx will undertake repair efforts on
equipment or fiber when Xxxxxxxx first becomes aware of the problem, or when
notified by Customer and Customer has released all or part of the Service for
testing. The maintenance standards in this Section only apply for equipment or
fiber on Xxxxxxxx' owned and operated network and from Xxxxxxxx' POP to
Xxxxxxxx' POP.
(c) ERROR FREE SECONDS. Performance is noted in Error Free Seconds (Error Free
Seconds ("EFS")) which is a measure of the percentage of the total seconds that
do not contain bit errors over a consecutive twenty-four (24) hour period and
averaged over a one month (720 hour) period. Long term performance shall be
derived from Errored Seconds incidents in accordance with Telecordia
Technologies Generic Criteria GR-499-CORE, Section 4.2 for DS-n services and
GR-253-CORE. For Services on the Xxxxxxxx' network EFS shall be 99.99% per day.
For Services not on Xxxxxxxx' network, the EFS standard for local access DS3 and
Optical SONET Service is established by the third party services provider.
Services from a third party provider are not considered in determining whether
Xxxxxxxx Service has met the Technical Specifications in determining Outages and
Outage Credits.
(d) SONET SEVERELY ERRORED SECONDS. A SONET Severely Errored Second ("SSES") is
any one-second interval in which 2400 or more STS Path BIP errors were detected,
AIS-P, LOP-P, or lower level, traffic related near end defect is detected in
accordance with Telecordia Technologies Generic Criteria GR-253-CORE, Section
6.2.2.5.1. The number of Severely Errored Seconds shall not exceed eight (8) in
a twenty-four hour period averaged over one month (720 hours). For Services not
on Xxxxxxxx' network, the SSES standard for local access DS3 Service is
established by the Third Party Services provider.
(e) LATENCY. Latency is defined as the one-way trip time required for a bit to
travel between Xxxxxxxx' owned and operated POPs. Latency is measured as
one-half of the roundtrip delay from the local customer demarcation point to the
remote customer demarcation point. For Xxxxxxxx' PLQoS Services on Xxxxxxxx'
network average Latency will be one millisecond (1ms) per one hundred (100)
route miles.
SECTION 6. PRODUCT INTERVALS
IMPLEMENTATION INTERVALS. Xxxxxxxx' standard service implementation
interval for DS3 Service is set forth below in Table A.6. Third Party Provider
Service implementation intervals shall be determined on an individual case
basis. Xxxxxxxx shall make reasonable efforts to provide Xxxxxxxx' Services
within its standard service implementation interval. Failure of Xxxxxxxx to
deliver by such date shall not constitute a default under the MSA and Xxxxxxxx
shall not be liable to pay to Customer any penalties or damages for Xxxxxxxx'
failure to meet such standard service implementation intervals, except for the
credits set forth in Section 3.4 of the Agreement.
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D. TABLE A.6 IMPLEMENTATION INTERVALS
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SERVICE TYPE STANDARD INTERVAL POP TO POP
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DS-3 ***
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OC3 ***
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OC 12 ***
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OC48 ***
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SCHEDULE 15
PRIVATE LINE QUALITIES OF SERVICE SCHEDULE
SECTION 7. PLANNED NETWORK MAINTENANCE ACTIVITY
7.1 TIMING. Xxxxxxxx shall avoid performing network maintenance between 0600 to
2200 Central Time (or local time with respect to facilities comprising
international Service), Monday through Friday, inclusive, that will have a
disruptive impact on the continuity or performance level of Customer's
Service. However, the preceding sentence does not apply to restoration of
continuity to a severed or partially severed fiber optic cable, restoration
of dysfunctional power and ancillary support equipment, or correction of
any potential jeopardy conditions. Xxxxxxxx will use commercially
reasonable efforts to notify Customer prior to emergency maintenance.
7.2 NOTICE. Xxxxxxxx shall provide Customer with electronic mail, telephone,
facsimile, or written notice of all non-emergency, planned network
maintenance (i) not less than three *** business days prior to performing
maintenance that, in its reasonable opinion, has a substantial likelihood
of affecting Customer's traffic for up to *** milliseconds, and (ii) not
less than *** business days prior to performing maintenance that, in its
reasonable opinion, has a substantial likelihood of affecting Customer
traffic for more than *** milliseconds. If Xxxxxxxx' planned activity is
canceled or delayed, Xxxxxxxx shall promptly notify Customer and shall
comply with the provisions of this Section to reschedule any delayed
activity.
SECTION 8. WARRANTY
Xxxxxxxx warrants that Xxxxxxxx' PLQoS shall be provided to Customer in
accordance with the applicable Technical Specifications set forth above.
Xxxxxxxx shall use commercially reasonable efforts under the circumstances to
remedy any delays, interruptions, omissions, mistakes, accidents or errors in
the Service and restore such Service to comply with the terms hereof. THE
FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND IS PROVIDED IN LIEU OF
ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
OUTAGE CREDITS REMEDY AND RIGHT TO TERMINATE FOR EXCESSIVE OUTAGES PROVIDED TO
CUSTOMER AS SET FORTH IN SECTION 4 OF THIS SERVICE SCHEDULE IS THE SOLE AND
EXCLUSIVE REMEDY PROVIDED TO CUSTOMER AND IS IN LIEU OF ALL OTHER REMEDIES,
REGARDLESS OF WHETHER THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
IN WITNESS WHEREOF, THE PARTIES HAVE INDICATED THEIR AGREEMENT BY SIGNING BELOW.
UNIVERSAL ACCESS, INC.: XXXXXXXX COMMUNICATIONS, LLC:
/s/ Xxxx X. Xxxxxx /s/ Xxxxx Xxxxxx
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Signature of Authorized Representative Signature of Authorized Representative
Xxxx Xxxxxx Xxxxx Xxxxxx
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Printed Name Printed Name
Sr. VP Procurement COO
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Title Title
6-17-02 6-20-02
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Date Date
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