Common use of Measured Throughput Clause in Contracts

Measured Throughput. When Equant delivers the Service to the User Site, the User will perform an agreed set of performance tests to verify that Equant delivers the Throughput as defined for each User Site in Schedule 4. The User may, at any later time, choose to re-run these performance tests or any part thereof to verify that the Network continues to deliver the contracted Throughput. The procedure for re-running the performance tests is laid out below: • The Network is running in normal service and a User Site appears to have poor Throughput and/or poor response time to other User Sites. • The User Site will inform Equant of their intention to run the tests and will invite Equant to participate. • All User Sites involved in the tests will stop their production traffic for the period of the test. • Performance tests will be performed by the User Sites involved. The first run of these tests will be called the “Initial Test”. Should the tests indicate a Service Degradation, a Case will be raised by the User Site. • The Service Degradation will be analysed: ➢ Should the analysis confirm the existence of a Fault, EQUANT will investigate the Fault ➢ Should the analysis fail to demonstrate a Fault within the Network, the Case is closed and the procedure terminates at this point. In addition, Equant may at its option charge for manpower resources spent on participating in these tests. Such charges shall be at the standard engineering call-out rates prevailing at that time in the relevant country • Equant will investigate the Fault. The status and progress of the investigation will be documented via the open Case. The investigations may require further runs of the performance tests. • When the problem is understood, Equant will recommend remedial action: ➢ If the problem investigated is due to failures by Equant, Equant shall remedy the situation. The period from the time of the Initial Test to the time of remedy shall be deemed the period during which Service Degradation persisted, and Service Rebates shall apply for such period ➢ If the problem investigated is due to undersized CPE equipment or undersized Access Lines, Equant will recommend appropriate upgrades. If a User Site chooses to continue, contrary to Equant recommendation, with the Service based on undersized components, Equant shall have no further liability for Service Rebates related to Measured Throughput on the Virtual Circuits affected.

Measured Throughput. When Equant delivers the Service to the User SiteNetwork is commissioned, the User will perform an agreed set of performance tests to verify that Equant the Network delivers the Throughput as defined for each User Site in Schedule 4contracted throughput. The User may, at any later time, choose to re-run these performance tests or any part thereof to verify that the Network continues to deliver the contracted Throughput. The procedure for re-running the performance tests is laid out below: • : (a) The Network is running in normal service and a User Site appears to have poor Throughput and/or poor response time to other User Sites. • . (b) The User Site will inform Equant the Contractor of their intention to run the tests and will invite Equant the Contractor to participate. • . (c) All User Sites involved in the tests will stop their production traffic for the period of the test. • In addition, all CPEs involved should be isolated from the User’s local area networks. (d) Performance tests tests, as specified in item 1.4 of Schedule F, will be performed by the User Sites involved. The first run of these tests will be called the “Initial Test”. Should the tests indicate a Service DegradationThroughput problem, a Case Trouble Ticket will be raised by raised. (e) The results of the User Site. • The Service Degradation tests will be analysed: ➢ • Should the analysis confirm the existence of a FaultNetwork problem, EQUANT the Contractor will investigate the Fault ➢ problem. • Should the analysis fail to demonstrate a Fault within the NetworkNetwork problems, the Case Trouble Ticket is closed and the procedure terminates at this point. In addition, Equant the Contractor may at its option charge for manpower resources spent on participating in these tests. Such charges shall be at the standard engineering call-out rates prevailing at that time in the relevant country • Equant country. (f) The Contractor will investigate the FaultNetwork problem. The status and progress of the investigation will be documented via the open CaseTrouble Ticket. The investigations may require further runs of the performance tests. • . (g) When the problem is understood, Equant the Contractor will recommend remedial action: ➢ • If the problem investigated is due to failures by Equantthe Contractor, Equant the Contractor shall remedy the situation. The period from the time of the Initial Test to the time of remedy shall be deemed the period during which Service Degradation persisted, and Service Rebates shall apply for such period ➢ period. • If the problem investigated is due to undersized CPE equipment or undersized Access Lines, Equant the Contractor will recommend appropriate upgrades. If a User Site chooses to continue, contrary to Equant the Contractor’s recommendation, with the Service based on undersized components, Equant the Contractor shall have no further liability for Service Rebates related to Measured Throughput on the Virtual Circuits affected.