Common use of Availability Objectives Clause in Contracts

Availability Objectives. The components of the availability objective calculations shall include the components provided by us. The OSA rate and the SSA rate shall be represented as a percentage of the time the components are actually available, as compared to the scheduled time of availability. The SSA shall be defined as the monthly availability of the Service components for a single site including the modem and server components at the site, and network connections from the site to Yorktown. We shall measure and report the monthly site availability, and deliver such report to you no later than the 10th business day after the month of testing. We will measure and report site availability by sending a 56 byte message, called a sample ping, to the modem chassis and to the servers from a Splitrock network monitor in Yorktown on a periodic basis, but no less than every 10 minutes. The ping sampling interval is subject to change over time but in no event shall it be more than 30 minute intervals. If a positive response is received to the ping, then the site is considered available for that ping period. We will issue one retry (or effectively do the retry using another function) if an initial negative response is received. If a positive response is received on the retry then the site is considered available for that ping period. If a negative response is received from the initial ping and the retry, then the site is considered unavailable for that ping period. The SSA rate calculation shall be: 1 the Total Scheduled Minutes of Availability for the site; 2 minus the Total Unscheduled Outage Minutes for the site; 3 divided by the Total Scheduled Minutes of Availability for the site. (Total Scheduled Minutes of Availability) - (Total Unscheduled Outage --------------------------------------------------------------------- Minutes) -------- (Total Scheduled Minutes of Availability) The Total Scheduled Minutes of Availability for a site is defined as the total minutes in the measurement time period minus the total minutes of outages which are not due to unscheduled outages during the measurement time period. Total Unscheduled Outage Minutes include outages due to telecommunication facilities (carrier outages), loss of electrical power, hardware, operations, software and design problems except for: 1. scheduled network maintenance and scheduled outages; 2. outages caused by, related to, or extended as a result of your actions; and 3. outages due a Force Majeure event. If the SSA rate for a specific site, measured monthly, falls below 98.5%, we shall take immediate and necessary action to improve the performance. If the measured SSA rate for the site is not improved above 98.5% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $1,500.00 for each month thereafter for that site until such time as the measured SSA rate is improved above 99.5%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the SSA objective. The OSA objective is defined as the combined availability of the Service components, including the modem and server components, and network connections to Yorktown. The OSA rate shall be an average of all the SSA rates. We shall measure and report the monthly OSA. If the OSA rate, measured monthly, falls below 98.7%, we shall take immediate and necessary action to improve the performance. If the measured OSA rate is not improved above 98.7% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $25,000.00 for each month thereafter until such time as the measured OSA rate is improved above 98.7%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the OSA objective. We shall be allowed a system-wide weekly maintenance window. The weekly maintenance window shall occur initially Sunday mornings from 3:15 to 4:45 Eastern time. This initial period may be changed upon your prior written consent. Additionally, there shall be an allowance for scheduled outages at each site for us to perform maintenance/upgrade work: allowing each site two outages annually each up to three hours in duration. We shall provide you with advance notice of sites scheduled for upgrade/maintenance activity, and we shall use reasonable efforts to schedule such upgrade/maintenance activity for a time other than 5 pm to midnight, local site time. We shall review anticipated changes in the network maintenance window with you. You and we shall cooperate to accommodate a necessary change in the network maintenance window and the business impact on you. We shall not be precluded from performing unscheduled maintenance as we may deem necessary. In such instances we will use reasonable efforts to notify you at least 48 hours in advance. For purposes of the SSA and OSA rate calculations, these will be considered unscheduled outages.

Availability Objectives. The components of the availability objective calculations shall include the components provided by us. The OSA rate and the SSA rate shall be represented as a percentage of the time the components are actually available, as compared to the scheduled time of availability. The SSA shall be defined as the monthly availability of the Service components for a single site including the modem and server components at the site, and network connections from the site to Yorktown. We shall measure and report the monthly site availability, and deliver such report to you no later than the 10th business day after the month of testing. We will measure and report site availability by sending a 56 byte message, called a sample ping, to the modem chassis and to the servers from a Splitrock network monitor in Yorktown on a periodic basis, but no less than every 10 minutes. The ping sampling interval is subject to change over time but in no event shall it be more than 30 minute intervals. If a positive response is received to the ping, then the site is considered available for that ping period. We will issue one retry (or effectively do the retry using another function) if an initial negative response is received. If a positive response is received on the retry then the site is considered available for that ping period. If a negative response is received from the initial ping and the retry, then the site is considered unavailable for that ping period. The SSA rate calculation shall be: 1 . the Total Scheduled Minutes of Availability for the site; 2 . minus the Total Unscheduled Outage Minutes for the site; 3 . divided by the Total Scheduled Minutes of Availability for the site. (Total Scheduled Minutes of Availability) - (Total Availability)-(Total Unscheduled Outage --------------------------------------------------------------------- Minutes) -------- ---------------------------------------------------------------------------- (Total Scheduled Minutes of Availability) The Total Scheduled Minutes of Availability for a site is defined as the total minutes in the measurement time period minus the total minutes of outages which are not due to unscheduled outages during the measurement time period. Total Unscheduled Outage Minutes include outages due to telecommunication facilities (carrier outages), loss of electrical power, hardware, operations, software and design problems except for: 1. scheduled network maintenance and scheduled outages; 2. outages caused by, related to, or extended as a result of your actions; and 3. outages due a Force Majeure event. If the SSA rate for a specific site, measured monthly, falls below 98.5%, we shall take immediate and necessary action to improve the performance. If the measured SSA rate for the site is not improved above 98.5% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $1,500.00 for each month thereafter for that site until such time as the measured SSA rate is improved above 99.5%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the SSA objective. The OSA objective is defined as the combined availability of the Service components, including the modem and server components, and network connections to Yorktown. The OSA rate shall be an average of all the SSA rates. We shall measure and report the monthly OSA. If the OSA rate, measured monthly, falls below 98.7%, we shall take immediate and necessary action to improve the performance. If the measured OSA rate is not improved above 98.7% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $25,000.00 for each month thereafter until such time as the measured OSA rate is improved above 98.7%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the OSA objective. We shall be allowed a system-wide weekly maintenance window. The weekly maintenance window shall occur initially Sunday mornings from 3:15 to 4:45 Eastern time. This initial period may be changed upon your prior written consent. Additionally, there shall be an allowance for scheduled outages at each site for us to perform maintenance/upgrade work: allowing each site two outages annually each up to three hours in duration. We shall provide you with advance notice of sites scheduled for upgrade/maintenance activity, and we shall use reasonable efforts to schedule such upgrade/maintenance activity for a time other than 5 pm to midnight, local site time. We shall review anticipated changes in the network maintenance window with you. You and we shall cooperate to accommodate a necessary change in the network maintenance window and the business impact on you. We shall not be precluded from performing unscheduled maintenance as we may deem necessary. In such instances we will use reasonable efforts to notify you at least 48 hours in advance. For purposes of the SSA and OSA rate calculations, these will be considered unscheduled outages.

Availability Objectives. The components of the availability objective calculations shall include the components provided by us. The OSA rate and the SSA rate shall be represented as a percentage of the time the components are actually available, as compared to the scheduled time of availability. The SSA shall be defined as the monthly availability of the Service components for a single site including the modem and server components at the site, and network connections from the site to Yorktown. We shall measure and report the monthly site availability, and deliver such report to you no later than the 10th business day after the month of testingresting. We will measure and report site availability by sending a 56 byte message, called a sample ping, to the modem chassis and to the servers from a Splitrock SplitRock network monitor in Yorktown on a periodic basis, but no less than every 10 minutes. The ping sampling interval is subject to change over time but in no event shall it be more than 30 minute intervals. If a positive response is received to the ping, then the site is considered available for that ping period. We will issue one retry (or effectively do the retry using another function) if an initial negative response is received. If a positive response is received on the retry then the site is considered available for that ping period. If a negative response is received from the initial ping and the retry, then the site is considered unavailable for that ping period. The SSA rate calculation shall be: 1 ; . the Total Scheduled Minutes of Availability for the site; 2 . minus the Total Unscheduled Outage Minutes for the site; 3 . divided by the Total Scheduled Minutes of Availability for the site. (Total Scheduled Minutes of Availability) - (Total Unscheduled Outage --------------------------------------------------------------------- Minutes) -------- ------------------------------------------------------------------------------ (Total Scheduled Minutes of Availability) The Total Scheduled Minutes of Availability for a site is defined as the total minutes in the measurement time period minus the total minutes of outages which are not due to unscheduled outages during the measurement time period. Total Unscheduled Outage Minutes include outages due to telecommunication facilities (carrier outages), loss of electrical power, hardware, operations, software and design problems except for:; 1. scheduled network maintenance and scheduled outages; 2. outages caused by, related to, or extended as a result of your actions; and 3. outages due a Force Majeure event. If the SSA rate for a specific site, measured monthly, falls below 98.5%, % we shall take immediate and necessary action to improve the performance. If the measured SSA rate for the site is not improved above 98.5% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $1,500.00 for each month thereafter for that site until such time as the measured SSA rate is improved above 99.5%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the SSA objective. The OSA objective is defined as the combined availability of the Service components, including the modem and server components, and network connections to Yorktown. The OSA rate shall be an average of all the SSA rates. We shall measure and report the monthly OSA. , If the OSA rate, measured monthly, falls below 98.7%, % we shall take immediate and necessary action to improve the performance. If the measured OSA rate is not improved above 98.7% with the intent to meet the 99.5% objective within the next two months, we shall provide you a credit of $25,000.00 for each month thereafter until such time as the measured OSA rate is improved above 98.7%. Except for your right of termination provided for in Section 6.7.1, this is your sole remedy for our failure to meet the OSA objective. We shall be allowed a system-wide weekly maintenance window. The weekly maintenance window shall occur initially Sunday mornings from 3:15 to 4:45 Eastern time. This initial period may be changed upon your prior written consent. Additionally, there shall be an allowance for scheduled outages at each site for us to perform maintenance/upgrade work: allowing each site two outages annually each up to three hours in duration. We shall provide you with advance notice of sites scheduled for upgrade/maintenance activity, and we shall use reasonable efforts to schedule such upgrade/maintenance activity for a time other than 5 pm to midnight, local site time. We shall review anticipated changes in the network maintenance window with you. You and we shall cooperate to accommodate a necessary change in the network maintenance window and the business impact on you. We shall not be precluded from performing unscheduled maintenance as we may deem necessary. In such instances we will use reasonable efforts to notify you at least 48 hours in advance. For purposes of the SSA and OSA rate calculations, these will be considered unscheduled outages.above