Common use of Infrastructure Availability Clause in Contracts

Infrastructure Availability. a. Infrastructure shall consist of the following components that are provided as part CyrusOne’s Services: i. Colocation space reserved for use by Customer in the CyrusOne data center, including quarter, half, or full cabinets and cage space; ii. Power provided to Customer’s colocation space; and iii. Internet access provided to Customer from the CyrusOne Internet Backbone. b. The Infrastructure Availability Percentage shall be calculated each month during the term of the Service Agreement monthly as follows: i. Total minutes of Infrastructure Availability per month / Total minutes per month c. In the event that CyrusOne fails to meet its stated Infrastructure Availability SLA in any given month during the contract term, Customer shall be entitled to receive a Service Credit as the sole and exclusive remedy hereunder, by providing CyrusOne with a written request for a Service Credit within ninety (90) days after receipt of an invoice for the period in which the Infrastructure was unavailable. The amount of the Service Credit shall be determined by multiplying the applicable Service Credit Percentage, in accordance with Table 1 shown below, by the Monthly Recurring Charge, known as “MRC”, for the affected Service or Services. Table 1: Incident Management Availability Matrix 100% 0 % <99.99% > 99.5% 3 % <99.5% > 99.0% 5 % <99.0% > 98.5% 10 % <98.5 25 % d. For purposes of determining the Infrastructure Availability Percentage, the following causes of Infrastructure unavailability will be excluded: i. Outages due to scheduled maintenance or emergency maintenance, ii. Outages resulting from a Force Majeure event as stated in the MSA, iii. Outages caused directly by acts or omissions of Customer or its employees, agents, contractors or representatives, iv. Outages due to the use or failure of any Customer owned or provided equipment used in connection with the services, v. Outages resulting from CyrusOne following or implementing instructions or procedures issued by Customer, vi. Outages resulting from Denial of Service (“DoS”) and Distributed DoS attacks. vii. Outages resulting from Customer not utilizing or implementing the redundant components of the Infrastructure provided by CyrusOne,