Common use of Circuit Availability Clause in Contracts

Circuit Availability. During any calendar month in which Verizon fails to meet the Circuit Availability standard for a specific Customer circuit, and provided the conditions set forth in this SLA have been met, Customer is eligible to receive a credit applied against the MRC for all segments of the Wavelength Services circuit, including Local Access segments as applicable, identified on the order documentation, for the month during which the Service Level Standard was not met, as follows: Actual Monthly Circuit Availability Credits as a percent of Wavelength Services (including Local Access, as applicable) MRC % of Up Time Wavelength Wavelength Wavelength less than greater than or equal to Services – Protected Dual Path Services – Protected Access Services – Unprotecte d 99.999% 99.99% 99.99% 99.9% 10% 99.9% 99.75% 20% 99.75% 99.5% 30% 10% 99.5% 99.0% 40% 20% 10% 99.0% 98.5% 70% 30% 20% 98.5% 98.2% 100% 40% 30% 98.2% 97.5% 70% 40% 97.5% 96.67% 100% 70% <96.67% 100% 5.2 For a failure to meet the Circuit Availability standard for the same circuit for three consecutive months, Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, if Customer notifies Verizon in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month in which the same Service Level Standard is not met for that circuit. After a failure of three consecutive months or more, Verizon, upon written notice to Customer, may terminate its performance obligations under this SLA

Circuit Availability. During any calendar month in which Verizon fails to meet the Circuit Availability standard for a specific Customer circuit, and provided the conditions set forth in this SLA have been met, Customer is eligible to receive a credit applied against the MRC for all segments of the Wavelength Services circuit, including Local Access segments as applicable, identified on the order documentation, for the month mont h during which the Service Level Standard was not met, as follows: Actual Monthly Circuit Availability Credits as a percent of Wavelength Services (including Local Access, as applicable) MRC % of Up Time Wavelength Services – Protected Dual Path Wavelength Services – Protected Access Wavelength Services – Unprotecte d less than greater than or equal to Services – Protected Dual Path Services – Protected Access Services – Unprotecte d 99.999% 99.99% 99.99% 99.9% 10% 99.9% 99.75% 20% 99.75% 99.5% 30% 10% 99.5% 99.0% 40% 20% 10% 99.0% 98.5% 70% 30% 20% 98.5% 98.2% 100% 40% 30% 98.2% 97.5% 70% 40% 97.5% 96.67% 100% 70% <96.67% 100% 5.2 For a failure to meet the Circuit Availability standard for the same circuit for three consecutive months, Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, if Customer notifies Verizon in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month in which the same Service Level Standard is not met for that circuit. After a failure of three consecutive months or more, Verizon, upon written notice to Customer, may terminate its performance obligations under this SLA

Circuit Availability. During any calendar month in which Verizon fails to meet the Circuit Availability standard for a specific Customer circuit, and provided the conditions set forth in this SLA have been met, Customer is eligible to receive a credit applied against the MRC for all segments of the Wavelength Services circuit, including Local Access segments as applicable, identified on the order documentation, for the month during which the Service Level Standard was not met, as follows: Actual Monthly Circuit Availability Credits as a percent of Wavelength Services (including Local Access, as applicable) MRC % of Up Time Wavelength Services – Protected Dual Path or Protected IXC with un- protected Access Wavelength Services – Protected Access Wavelength Services – Unprotected less than greater than or equal to Services – Protected Dual Path Services – Protected Access Services – Unprotecte d 99.999% 99.99% 99.99% 99.9% 10% 99.9% 99.75% 20% 99.75% 99.5% 30% 10% 99.5% 99.0% 40% 20% 10% 99.0% 98.5% 70% 30% 20% 98.5% 98.2% 100% 40% 30% 98.2% 97.5% 70% 40% 97.5% 96.67% 100% 70% <96.67% 100% 5.2 For a failure to meet the Circuit Availability standard for the same circuit for three consecutive months, Customer may terminate service for that circuit without incurring termination liability, except for charges incurred prior to service termination, if Customer notifies Verizon in writing of its intent to terminate the circuit no later than 30 days after the conclusion of the third month or any consecutive month in which the same Service Level Standard is not met for that circuit. After a failure of three consecutive months or more, Verizon, upon written notice to Customer, may terminate its performance obligations under this SLA.