Common use of END Clause in Contracts

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- User’s responsibility to provide. # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-User representative; b. Site contact refuses access to technician who displays proper identification; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- User of the improper contact information and takes steps to obtain the correct information ; or, d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket.

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. # Stop Clock Condition (SCC) SCC Definition 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- End-User’s responsibility to provide. # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-End- User representative; b. Site contact refuses access to technician who displays proper identification; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- End-User of the improper contact information and takes steps to obtain the correct information ; or, d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket. 9 APPLICATION End-User software applications that interfere with repair of the trouble. 10 CPE Repair/replacement of Customer Premise Equipment (CPE) not provided by Contractor if the problem has been isolated to the CPE. If determined later that the CPE was not the cause of the service outage, the CPE SCC will not apply. 11 NO RESPONSE Failure of the trouble ticket originator or responsible End-User to return a call from Contractor’s technician for on-line close-out of trouble tickets after the Service has been restored as long as Contractor can provide documentation in the trouble ticket substantiating the communication from Contractor’s technician. # Stop Clock Condition (SCC) SCC Definition 12 MAINTENANCE An outage directly related to any properly performed scheduled maintenance or upgrade scheduled for CALNET 3 service. Any such stop clock condition shall not extend beyond the scheduled period of the maintenance or upgrade. SLAs shall apply for any maintenance caused outage beyond the scheduled maintenance period. Outages occurring during a scheduled maintenance or upgrade period and not caused by the scheduled maintenance shall not be subject to the Maintenance SCC. 13 THIRD PARTY Any problem or delay caused by a third party not under the control of Contractor, not preventable by Contractor, including, at a minimum, cable cuts not caused by the Contractor. Contractor’s Subcontractors and Affiliates shall be deemed to be under the control of Contractor with respect to the equipment, services, or Facilities to be provided under this Contract. 14 FORCE MAJEURE Force Majeure events, as defined in the PMAC General Provisions - Telecommunications, Section 28 (Force Majeure).

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. Power is a stop clock condition for a Customer owned LAN switch and router, but not a stop clock condition for a Contractor owned router when used for Converged VoIP. # Stop Clock Condition (SCC) SCC Definition 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- User’s responsibility to provide. # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-User representative; b. Site contact refuses access to technician who displays proper identification; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- User of the improper contact information and takes reasonable steps to obtain the correct information information; orand, d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket.

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. This does not apply to the power requirements necessary to support dial tone to IP phones. 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- User’s responsibility to provide. Table 1.3.5.7 – Stop Clock Conditions (SCC) # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-End- User representative; b. Site contact refuses access to technician who displays proper identification; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- End-User of the improper contact information and takes reasonable steps to obtain the correct information information; or, d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket.

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-End- User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- User’s responsibility to provide. # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-User representative; b. Site contact refuses access to technician who displays proper identification; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- User of the improper contact information and takes reasonable steps to obtain the correct information information; or, or d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket.

END. USER NOT AVAILABLE Time after a service has been restored but End-User is not available to verify that the Service is working. If the service is later determined by the End-User to not have been restored, the Stop Clock shall apply only for the time period between Contractor’s reasonable attempt to notify the End-User that Contractor believes the service has been restored and the time the End-User notifies the Contractor that the Service has not been restored. 4 WIRING Restoration cannot be achieved because the problem has been isolated to wiring that is not maintained by Contractor or any of its Subcontractors or Affiliates. If it is later determined the wiring is not the cause of failure, the SCC shall not apply. 5 POWER Trouble caused by a power problem outside of the responsibility of the Contractor. 6 FACILITIES Lack of building entrance Facilities or conduit structure that are the End- End-User’s responsibility to provide. # Stop Clock Condition (SCC) SCC Definition 7 ACCESS Limited access or contact with End-User provided the Contractor documents in the trouble ticket several efforts to contact End-User for the following: a. Access necessary to correct the problem is not available because access has not been arranged by site contact or End-End- User representative; b. Site contact refuses access to technician who displays proper identificationidentification ; c. Customer provides incorrect site contact information which prevents access, provided that Contractor takes reasonable steps to notify End- End-User of the improper contact information and takes reasonable steps to obtain the correct information information; or, or d. Site has limited hours of business that directly impacts the Contractor’s ability to resolve the problem. If it is determined later that the cause of the problem was not at the site in question, then the Access SCC shall not apply. 8 STAFF Any problem or delay to the extent caused by End-User’s staff that prevents or delays Contractor’s resolution of the problem. In such event, Contractor shall make a timely request to End-User staff to correct the problem or delay and document in trouble ticket. 9 APPLICATION End-User software applications that interfere with repair of the trouble. 10 CPE Repair/replacement of Customer Provided Equipment (CPE) not provided by Contractor if the problem has been isolated to the CPE. If determined later that the CPE was not the cause of the service outage, the CPE SCC will not apply. 11 NO RESPONSE Failure of the trouble ticket originator or responsible End-User to return a call from Contractor’s technician for on-line close-out of trouble tickets after the Service has been restored as long as Contractor can provide documentation in the trouble ticket substantiating the communication from Contractor’s technician. # Stop Clock Condition (SCC) SCC Definition 12 MAINTENANCE An outage directly related to any properly performed scheduled maintenance or upgrade scheduled for CALNET 3 service. Any such stop clock condition shall not extend beyond the scheduled period of the maintenance or upgrade. SLAs shall apply for any maintenance caused outage beyond the scheduled maintenance period. Outages occurring during a scheduled maintenance or upgrade period and not caused by the scheduled maintenance shall not be subject to the Maintenance SCC. 13 THIRD PARTY Any problem or delay caused by a third party not under the control of Contractor, not preventable by Contractor, including, at a minimum, cable cuts not caused by the Contractor. Contractor’s Subcontractors or Affiliates shall be deemed to be under the control of Contractor with respect to the equipment, services, or Facilities to be provided under this Contract. 14 FORCE MAJEURE Force Majeure events, as defined in the PMAC General Provisions - Telecommunications, Section 28 (Force Majeure).