Availability Exclusions Clause Samples

Availability Exclusions. The Service Commitment and the calculation of Unavailability shall not apply to (therefore no Service Credits will be issued as a result of) any unavailability, suspension, downtime or termination of the Workspot Hosted Virtual Desktop Service or any performance issues with respect to Workspot Cloud Services, attributable to: (i) scheduled or critical systems maintenance activities (whether by Workspot or its IaaS provider); (ii) suspension, termination or expiration of a Subscription Term or the Agreement or Company’s right to use Workspot Cloud Services under the Agreement; (iii) activation of the Workspot Cloud Disaster Recovery Services; (iv) factors beyond Workspot’s reasonable control, including any force majeure event (as provided in the Agreement) or other Internet access or related problems beyond the demarcation point of Workspot Cloud Services; (v) any actions or inactions of Company, its Affiliates or End Users, including a failure to comply with, or perform their respective obligations in accordance with, the Agreement, Microsoft Customer Agreement, IaaS Provider Terms or End User Terms (including, by way of example, any failure to use the Online Product Services in accordance with the applicable Documentation); (vi) External Software or other Company equipment, software or other technology; or (vii) third party services equipment, software or other technology (other than third party services, equipment, software or technology within Workspot’s direct control); or (viii) the Inactive status of a Workspot Hosted Virtual Desktop (collectively, the “Availability Exclusions”).

Availability Exclusions. In addition to the General Exclusions, Availability Service Level Standard measurements do not include periods of Dedicated E-Line Outage resulting in whole or in part from one or more of the following causes: ● For on-net circuits, any act or omission on the part of any third party including but not limited to any Local Access provider other than any third-party over which Verizon exercises control; ● For off-net circuits, any act or omission on the part of any third party (other than a local access provider) over which Verizon exercises control; ● Periods of Service degradation where Customer has not released its Service for immediate testing.

Availability Exclusions. In measuring availability of the eArcu Application, downtime relating to the following causes shall be excluded from the calculation:

Availability Exclusions i. Availability measurements do not include periods of Network Outage resulting in whole or in part from one or more of the following causes: 1. Periods of service degradation, such as slow data transmission. 2. “Customer Time,” the time identified on the trouble ticket (if any) attributable to or caused by, through no fault of Verizon, the following: 3. Incorrect or incomplete callout information provided by Customer which prevents Verizon from completing the trouble diagnosis and service restoration; 4. Verizon being denied access to network components at the Customer location when access is required to complete trouble shooting, repair, diagnosis, or acceptance testing; 5. The CPE Maintenance Provider must have access to the CPE to restore and fix; 6. Customer’s failure or refusal to release the circuit for testing; 7. Verizon calling Customer to close a trouble ticket, but Customer being unavailable, or Verizon being unable to verify service restoration with a Customer; 8. Any other act or omission on the part of Customer, or ii. Schedule Maintenance iii. Force Majeure events beyond Verizon’s reasonable control, including but not limited to Acts of God, government regulation, labor strikes natural disaster, and national emergency. iv. Interruptions not reported by Customer, or for which no trouble ticket was opened. v. Trouble tickets associated with new installations (before Customer accepts a new service) or opened for circuit monitoring purposes only. vi. All routers not under 24x7 Maintenance through Verizon or another vendor. vii. Unavailability continuing for [**] or less which Customer fails to report to Verizon within [**] from the date the SLA was not met, or any unavailability resulting from: • Verizon Network maintenance; • any Customer-ordered telephone company circuits; • Customer’s applications, equipment, or facilities;

Availability Exclusions. Loss of Service Availability caused by (i) issues beyond Sellers’ reasonable control, including, without limitation, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet availability, Purchaser portion of the network, IP transit provider issues, SYN attacks or any other Force Majeure Event; or (ii) any loss of Services related to periods of time where customer premises equipment is being replaced or repaired; or (iii) any issues related to the Services due to number porting, whether inbound or outbound; or (iv) Loss of Service Availability lasting less than 24 hours, (v) other issues addressed in this SLA, will be excluded from Service Availability calculations.

Availability Exclusions. In addition to the general exclusions found in Appendix A, the following exclusions apply to the Availability SLA: 4.1.4.1 A site is not considered unavailable during periods of Soft Outage. 4.1.4.2 The Availability SLA does not apply to sites installed for less than one full calendar month. 4.1.4.3 A site is not considered unavailable during interruptions not reported by Customer, or for which no trouble ticket was opened. 4.1.4.4 A site is not considered unavailable during any Hard Outage caused in whole or part by the failure of CPE not under 24 x 7 maintenance coverage with a 4 hour response time with Verizon or a Verizon approved 3rd Party Maintenance provider. 4.2 Time to Repair (“TTR”) SLA