Common use of Operations and Engineering Clause in Contracts

Operations and Engineering. >> @WORK Backbone Network Infrastructure. Provide the network infrastructure to provide transit for Partner to the global Internet via NAPs and other peering points. >> @WORK Capacity Planning. Provide ongoing capacity planning of Backbone Network Infrastructure to ensure adequate systems, hardware, and bandwidth. >> @WORK @Work Dedicated IP Access Product Infrastructure. Provision and place all @Work supplied hardware and systems required by the appropriate product definitions. >> @WORK @Work Aggregation Routers. Provision and place aggregation routers conforming to product definitions. >> @WORK Network Surveillance. Provide network surveillance of all @Work and @Work network infrastructure and @Work aggregation routers. >> @WORK Allocating the appropriate physical interface on the @Work Aggregation router. >> @WORK Verifying physical connectivity >> @WORK Technical Support. Provide Network Support available on a 7x24 basis. Responsibilities include but are not limited to, backbone problems, aggregation router(s), local loop, CPE, DNS, and routing. >> PARTNER Correct operation for all Partner owned equipment >> PARTNER All configurations on Partner's equipment >> PARTNER Technical Support. Provide Network Support available on a 7x24 basis. Responsibilities include but are not limited to, NNTP, SMTP, and DNS. C- 2 DS-3 DEDICATED ACCESS SERVICES DS-3 DEDICATED ACCESS SERVICES includes a DS-3 Connectivity loop and a DS-3 port in the POP Equipment for traffic to the global Internet. @Work through deployment of several @Work POPs and contracting with different Connectivity providers are able to provide the Partner a total DS-3 solution to purchase and resell to customers. 1. DEDICATED DS-3 WHOLESALE PRICING EFFECTIVE $/MBPS CAPACITY PROVISIONED MONTHLY TIER OF MONTHLY MONTHLY COMMIT TIER PORT CHARGE TIER CHARGE BURST CHARGE ----------- ----------- ------------ ---------------- ------------ 3 DS-3 * * * 6 DS-3 * * * 9 DS-3 * * * 12 DS-3 * * * 15 DS-3 * * * 20 DS-3 * * * 30 DS-3 * * * 45 DS-3 * * * Effective Traffic Measure - the send and receive traffic from each Customer circuit will be sampled every 5 minutes - at the end of each month, the send and receive readings will be ranked (separately) in descending order - the top 5% of these readings (both send and receive) will be thrown out - the largest remaining traffic reading (either send or receive) will be the Effective Traffic for that month for that circuit - If the traffic measure is greater than the committed tier, Customer will be charged the monthly commitment plus the burstable rate times the difference between the traffic measure and the Capacity Commitment Tier. - Pricing Example 1: * - Pricing Example 2: * Other Charges: Other DS-3 Dedicated Access Services Fees Bandwidth Cap Charge * Managed Router * Installation (One-Time) * *Confidential portions 24 Installation (One-Time) $8,000 Bandwidth Limit Charge: Charge is incurred when customer desires to limit port bandwidth to Committed Capacity Tier. Circuit change orders are designed to provide the flexibility to change circuit parameters (e.g. upgrades to higher speed ports, increase in Capacity Commitment Tier). For the first year of this contract, no more than one (1) upgrade circuit change order for an individual port will be accepted within any one (1) month period. For the remainder of the contract, no more than one (1) upgrade circuit change order for an individual port will be accepted within any three (3) months rolling period. No more than one (1) downgrade circuit change order for an individual port will be accepted within any twelve (12) month rolling period. The changes will be effective within 30 day of receipt of a accurate change order. DS-3 DEDICATED ACCESS DISCOUNT LEVELS Tier 1 * Tier 2 * Tier 3 * Tier 4 * Tier 5 * Tier 6 * 2. WORK SERVICE EQUIPMENT

Operations and Engineering. >> @WORK Backbone Network Infrastructure. Provide the network infrastructure to provide transit for Partner to the global Internet via NAPs and other peering points. >> @WORK Capacity Planning. Provide ongoing capacity planning of Backbone Network Infrastructure to ensure adequate systems, hardware, and bandwidth. >> @WORK @Work Dedicated IP Access Product Infrastructure. Provision and place all @Work supplied hardware and systems required by the appropriate product definitions. >> @WORK @Work Aggregation Routers. Provision and place aggregation routers conforming to product definitions. >> @WORK Network Surveillance. Provide network surveillance of all @Work and @Work network infrastructure and @Work aggregation routers. >> @WORK Allocating the appropriate physical interface on the @Work Aggregation router. router >> @WORK Verifying physical connectivity >> @WORK Technical Support. Provide Network Support available on a 7x24 basis. Responsibilities include but are not limited to, backbone problems, aggregation router(s), local loop, CPE, DNS, and routing. >> PARTNER Correct operation for all Partner owned equipment >> PARTNER All configurations on Partner's equipment >> PARTNER Technical Support. Provide Network Support available on a 7x24 basis. Responsibilities include but are not limited to, NNTP, SMTP, and DNS. C- 2 DS-3 DEDICATED ACCESS SERVICES DS-3 FAST ETHERNET DEDICATED ACCESS SERVICES includes a DS-3 Connectivity loop and a DS-3 Fast Ethernet port in the POP Equipment for traffic to the global Internet. @Work through deployment of several @Work POPs The Fast Ethernet Dedicated Access Service is intended for connection to the Partner's equipment for Partner's internal use only and contracting with different Connectivity providers are able to provide the Partner a total DS-3 solution to purchase and resell to customersnot for general resale unless given prior written approval by @Work. 1. DEDICATED DS-3 WHOLESALE FAST ETHERNET PRICING EFFECTIVE $/MBPS MONTHLY CAPACITY PROVISIONED MONTHLY TIER OF MONTHLY MONTHLY BURST COMMIT TIER PORT CHARGE TIER CHARGE BURST CHARGE ----------- ----------- ------------ ---------------- ------------ ------ 3 DS-3 FE * * * 6 DS-3 5 FE * * * 9 DS-3 * * * 12 DS-3 10 FE * * * 15 DS-3 * * * 20 DS-3 FE * * * 30 DS-3 FE * * * 45 DS-3 FE * * * 60 FE * * * 75 FE * * * 100 FE * * * Effective Traffic Measure - the send and receive traffic from each Customer circuit will be sampled every 5 minutes - at the end of each month, the send and receive readings will be ranked (separately) in descending order - the top 5% of these readings (both send and receive) will be thrown out - the largest remaining traffic reading (either send or receive) will be the Effective Traffic for that month for that circuit - If the traffic measure is greater than the committed tier, Customer will be charged the monthly commitment plus the burstable rate times the difference between the traffic measure and the Capacity Commitment Tier. - Pricing Example 1: * - Pricing Example 2: * *Confidential portions 28 Other Charges: Other DS-3 Dedicated Access Services Fees Bandwidth Cap Charge * Managed Router * OTHER FAST ETHERNET DEDICATED ACCESS SERVICES FEES Installation (One-Time) * *Confidential portions 24 Installation (One-Time) $8,000 Bandwidth Limit Charge: Charge is incurred when customer desires to limit port bandwidth to Committed Capacity Tier. Circuit change orders are designed to provide the flexibility to change circuit parameters (e.g. upgrades to higher speed ports, increase in Capacity Commitment Tier). For the first year of this contract, no No more than one (1) upgrade circuit change order for an individual port will be accepted within any one thirty (130) month period. For day period for the remainder of the contract, no more than one first twelve (112) upgrade circuit change order for an individual port will be accepted within months and any three (3) months rolling periodperiod there after. No more than one (1) downgrade circuit change order for an individual port will be accepted within any twelve (12) month rolling period. The changes will be effective within 30 day of receipt of a an accurate change order. DS-3 FAST ETHERNET DEDICATED ACCESS DISCOUNT LEVELS ----------------------- Tier 1 * Tier 2 * Tier 3 * Tier 4 * Tier 5 * Tier 6 * 2. WORK SERVICE EQUIPMENT