Service Level Agreements

1. Service Level Targets:
   1. Service Availability Goal: The CentraComm Network will be available free of Outages 100% of the time.
   2. Off-Net Latency: The average monthly latency of the CentraComm Network will not exceed 65 milliseconds round trip.
   3. On-Net Latency: The average monthly latency of the CentraComm Network will not exceed 30 milliseconds round trip.
   4. On-Net IP/VPN: The average monthly latency of the CentraComm Network will not exceed 65 milliseconds round trip.
   5. Packet Availability: The average monthly packet loss of the CentraComm Network will not exceed 1%.
   6. Notification: CentraComm will notify Customer within fifteen (15) minutes after CentraComm's determination that Customer's service is unavailable.
2. Service Definitions:
   1. Availability: The total number of hours in month minus the total unavailable hours in month divided by the total hours in month multiplied by 100.
   2. Outage: An Outage occurs when Customer cannot pass traffic for a period in excess of five (5) minutes and CentraComm documents such failure in the CentraComm Trouble Ticket System. Outage time is computed from the time the trouble ticket is open to the time when Customer can again receive and transmit data.
   3. Off-Net: Off-Net is defined as any service that is not exclusively delivered across the CentraComm Core Network nor fully managed or supported by CentraComm.
   4. On-Net: On-Net is defined as any services which are exclusively delivered across the CentraComm Core Network and are fully managed and supported by CentraComm.
   5. On-Net IP/VPN: On-Net IP/VPN is specifically applicable to CentraComm's IP/VPN service where private line connections are not provided. The round trip measurement is applicable between site-to-site connections and the Internet.
   6. Packet Loss: The total number of packets lost in a month divided by the total packets sent in a month.
   7. Notification: CentraComm will contact Customer within fifteen (15) minutes via email or telephone when an Outage or urgent maintenance has occurred.
   8. Latency: Is the average round trip delay per connection calculated as follows: sum of the month's Round Trip Delay in milliseconds divided by the total readings counted per month.
3. Service Credit Exceptions:
   1. CentraComm's Network unavailability will not include (i) Scheduled Maintenance, (ii) telephone circuits, (iii) the acts or omissions of Customer, its employees, contractors or agents or its End Users, (iv) the failure of applications, equipment, facilities not owned or controlled by CentraComm, (v) an act of Force Majeure as defined in the Master Services Agreement, and (vi) Outage or error in any CentraComm monitoring measurement system.
4. Scheduled Maintenance:
   1. Includes any maintenance of the hardware, software, or physical connections that CentraComm owns and controls. CentraComm standard maintenance windows are on Friday mornings 4:00 AM to 7:00 AM and Sunday mornings 4:00 AM to 7:00 AM Eastern Standard Time. Any associated Outages that occur during these maintenance windows are not covered under this Agreement. Scheduled Maintenance windows are subject to change; all subsequent changes will be posted on the CentraComm Web Site.
5. Urgent Maintenance:
   1. Urgent Maintenance refers to the corrective action taken by CentraComm that may cause a material service Outage. An Outage related to Urgent Maintenance shall be considered an Outage for purposes of calculating monthly availability. Whenever necessary, CentraComm will, without prior warning, take Urgent Maintenance. CentraComm will use best efforts to provide notice of any such Maintenance reasonable given the circumstances at the time.
6. Credits:
   1. Service Availability: Once a trouble ticket has been opened, credits will accrue based on the following schedule:
   2. Up to 4 hours: 5% of applicable monthly service charges, excluding the telephone circuit.
   3. Over 4 hours: 10% of applicable monthly service charges, excluding the telephone circuit.
   4. Latency: If the average Latency across the CentraComm network exceeds the targets set forth in Section 2, CentraComm will credit 5% of applicable monthly service charges, excluding the telephone circuit.
   5. Packet Availability: If the Packet Availability across the CentraComm network does not meet the minimum target set forth in Section 2, CentraComm will credit 5% of applicable monthly service charges, excluding the telephone circuit.
   6. Notification: If CentraComm does not meet the minimum notification target set forth in Section 2, CentraComm will credit 5% of applicable monthly service charges, excluding the telephone circuit. Customer will receive no more than 3% credit total for any given month regardless of the number of times CentraComm failed to meet the Notification Service Level Target.
   7. The Sum of all Credits for any month will not exceed 15% of the applicable monthly service charges, excluding the telephone circuit. If a credit is applied to Customer for failure to meet an Availability goal, Customer will not be eligible to receive additional credits for Packet Loss or Latency. Customer is responsible for notifying CentraComm, in writing, within seven (7) calendar days of a failure to meet the Availability goal and thirty (30) calendar days for failure to meet the Latency, Packet Availability, or Notification goals. Once notified, CentraComm will apply credits to the following month's bill.
7. Restoration of Service:
   1. Customer will have the responsibility to work with CentraComm to restore service by providing access to equipment, machines rooms, telecommunication closets, monitoring software, technical personnel, and any other requested network infrastructure necessary to trouble shoot an Outage. Failure to do so will negate this Service Level Agreement.
8. Termination:
   1. Customer has the right to terminate Network Service without cause or penalty if CentraComm experiences an Outage that is (i) greater than eight (8) consecutive hours or, (ii) in any two (2) consecutive months, CentraComm fails to meet the stated service levels with respect to Latency of Packet Loss or has cumulative Outages exceeding four (4) hours, or (iii) within a given month Customer has three (3) or greater Outages exceeding four (4) hours. Customer must provide CentraComm with written notice within five (5) business days following the end of such calendar month. Once termination notification is received and processed, CentraComm will coordinate the discontinuance of Service and from that point on, Service Credit will not be available.