Common use of Site Availability Clause in Contracts

Site Availability. Actual Site Availability is calculated on a Monthly basis using the following formula: SA = (1 – tOutage / tmax)*100‌ ▪ SA = percentage representing Site Availability ▪ tOutage = total number of hours that the Service was unavailable due to Orange during the relevant Month ▪ tmax = total number of hours for the applicable Month The following Site Availability Service Levels apply. Region A 99.80% 99.90% 99.95% 100% Region B 99.50% 99.80% 99.90% 99.93% Region C 99.00% 99.50% 99.80% 99.85% Region D 98.30% 99.00% 99.50% 99.75% Region E - 98.30% 99.00% 99.25% The countries associated with regions A, B, C, D, and E are listed in Exhibit A (Regions). If the actual Site Availability is less than the applicable Site Availability Service Level, then Customer will receive a credit against the Monthly Recurring Charges for the Location where the Outage occurred. The credit will be equal to one thirtieth (1/30th) of the MRC for the Service at the Location for each full hour of Outage exceeding the Outage time allowed under the applicable Site Availability Service Level, up to a cumulative maximum credit of 100% of MRC for the Service at such Location. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) The Site Availability Service Levels apply only if the Access Circuits are provided by Orange. For clarity the Site Availability Service Levels for Locations with Dual Access only apply if both Access Circuits are provided by Orange. (b) All Outages caused by a faulty Customer Router will not be included in the measurement of tOutage and, therefore, such Outages will be excluded from the calculation of the actual Monthly Site Availability. (c) If the CE Router is an Orange-Managed Router and Customer has not ordered Automation for the Location, then Customer must report the Outage to the GCSC so that Orange can diagnose and verify the existence and cause of the Outage and create the Incident Report. If the CE Router is a Customer Router, then only the Outages caused by the Orange-provided Access Circuit and reported by the Customer to the GCSC will be included into the measurement of tOutage. (d) If the Location only has one CE Router and such CE Router is an Orange-Managed Router, and if the Orange- Managed Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (e) If the Location has dual CE Routers that are Orange-Managed Routers, the failure of one of the CE Routers does not constitute an Outage. (f) If the Location has Orange-provided Dual Access, the failure of one of the Access Circuits does not constitute an Outage. (g) If the Access Provider ceases to provide Full Path Diversity at a Location, then the Site Availability Service Level applicable to such Location will automatically convert from "Dual Access with FPD and with Dual CE Routers" to the "Dual Access Circuits without FPD and with Dual Orange CE Routers” Service Level retroactive to the beginning of the Month when the Access Provider ceased to provide Full Path Diversity. (h) The Site Availability Service Level does not apply unless Customer orders the Service Management’s Service Optimize and Availability SLA options (as described in the Service Description for Service Management) for the Service.

Site Availability. Actual The Site Availability Service Levels apply only to Service Locations with Orange CE Routers. Site Availability is calculated on a Monthly basis using the following formula: SA = (1 – tOutage / tmax)*100‌ tmax )*100 ▪ SA = percentage representing Site Availability ▪ tmax = total number of hours for the applicable Month ▪ tOutage = total number of hours that the Service was unavailable due to Orange during the relevant Month ▪ tmax = total number of hours for the applicable Month The following Site Availability Service Levels apply. Region A 99.80% 99.90% 99.95% 100% Region B 99.50% 99.80% 99.90% 99.93% Region C 99.00% 99.50% 99.80% 99.85% Region D 98.30% 99.00% 99.50% 99.75% Region E - 98.30% 99.00% 99.25% The countries associated with regions A, B, C, D, and E are listed in Exhibit A (Regions). If the actual Site Availability is less than the applicable Site Availability Service Level, then Customer will receive a credit against the Monthly Recurring Charges for the Location where the Outage occurred, calculated as follows: Total Outages in excess of the committed availability percentage. The credit will be equal to one One thirtieth (1/30th) of the MRC for the Service at the Location for each full hour of Outage exceeding the Outage time allowed under the applicable Site Availability Service Level, up to a cumulative maximum credit of 100% of MRC for the Service at such Location. All credits will be pro-rated on a per minute basis. Notwithstanding the foregoing, the Site Availability Service Level is subject to the following conditions: (a) The Site Availability Service Levels apply only if the to Access Circuits are ordered by Customer and provided by OrangeOrange as part of the Service. For clarity the Site Availability Service Levels Accordingly, for Locations with Dual dual Access only apply if Circuits, Customer must order and Orange must provide both Access Circuits are provided by Orangeas part of the Service. (b) All Outages caused by a faulty Customer Router will not be included in the measurement of tOutage and, therefore, such Outages will be excluded from the calculation of the actual Monthly Site Availability. (c) If the For any Location where there is only one Orange CE Router is an Orange-Managed Router and Customer has not ordered Automation for the Location, then Customer must report the Outage to the GCSC so that Orange can diagnose and verify the existence and cause of the Outage and create the Incident Report. If the CE Router is a Customer Router, then only the Outages caused by the Orange-provided Access Circuit and reported by the Customer to the GCSC will be included into the measurement of tOutage. (d) If the Location only has one CE Router and such CE Router is an Orange-Managed Router, and if the Orange- Managed Orange CE Router failure caused the Outage and the Location is outside Normal Service Condition, then the travel time needed by the Orange field engineer to get to the Location is excluded from the calculation of the total Outage time. (ec) If the Location has For Locations that have dual Orange CE Routers that are Orange-Managed Routersor dual Access Circuits, the failure of one of the Orange CE Routers does not constitute an Outage. (f) If the Location has Orange-provided Dual Access, the failure of or one of the Access Circuits does not constitute an Outage. (gd) If during the appliable Service Term the Access Provider ceases Provider(s) cease(s) to provide Full Path Diversity at a Location, then the Site Availability Service Level applicable to such Location will be decreased automatically convert from "Dual Access with FPD and with Dual CE Routers" to the "Dual Access Circuits without FPD and with Dual Orange CE Routers” Routers (without FPD) Service Level retroactive to the beginning of the Month when the Access Provider ceased to provide Full Path DiversityLevel. (he) The Site Availability Customer must purchase either (i) Service Level does not apply unless Customer orders the Select - Extended Service Management’s Support and Service Select - Extended Service Delivery, or (ii) Service Optimize and with Availability SLA options option (as described in the Service Description for Service Management) ), for the Service. In addition to the credits provided above for non-achievement of the Site Availability Service Level, Customer will be entitled to: ▪ Cancel the Service at a Location if the cumulative maximum credit for such Location’s Site Availability Service Level is due in 2 consecutive Months, or in any 4 Months during 12 Month rolling period, by giving Orange at least 30 days prior written notice; or ▪ Cancel the Service at all Locations if the cumulative maximum credit for the Site Availability Service Level is due in 2 consecutive Months, or in any 4 Months during a 12 Month rolling period for more than 50% of the total number of Locations, by giving Orange at least 30 days prior written notice. For purposes of this Clause 1.3, a "12 Month rolling period" means a period of 12 consecutive Months determined on a rolling basis, with a 12 Month period starting anew immediately after the end of the preceding 12 Month cycle. For example, if the first 12 Month rolling period is from June 1, 2020 through May 31, 2021, then the next 12-Month cycle will start on June 1, 2021 and end on May 31, 2022, and so on.