Common use of Target Service Availability Clause in Contracts

Target Service Availability. For Ethernet VPN Circuits, the Supplier guarantees the circuit Availability for each Circuit to be at least 99.9% for a Service provided with a third party access circuit and 99.95% for a Service provided wholly on the Supplier Network, in each 12 month period following the Customer Execute Date and each anniversary thereof. For the purpose of calculating Availability, “Unavailable Time” means a period of time when there is a total break in transmission or where the bit error rate in each of ten consecutive seconds is worse than 1 x 10-3. Where the Availability of the Service falls below the percentages set out above, the Customer shall be entitled to Service Credits in accordance with Tables 2A and 2B below. Table 2A Circuit Availability in each 12 month period, where Circuit is provided using 3rd party access circuit Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.9% or greater 0% Less than 99.9% to 99.79% 60% Less than 99.79% to 99.5% 90% Less than 99.5% 100% Table 2B Circuit Availability in each 12 month period, where Circuit is provided wholly using the Supplier Network Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.95% or greater 0% Less than 99.95% to 99.85% 60% Less than 99.85% to 99.5% 90% Less than 99.5% 100%

Target Service Availability. For Ethernet VPN Circuits, the Supplier guarantees the circuit Availability for each Circuit to be at least 99.9% for a Service provided with a third party access circuit and 99.95% for a Service provided wholly on the Supplier Network, in each 12 month period following the Customer Execute Date and each anniversary thereof. For the purpose of calculating Availability, “Unavailable Time” means a period of time when there is a total break in transmission or where the bit error rate in each of ten consecutive seconds is worse than 1 x 10-3. Where the Availability of the Service falls below the percentages set out above, the Customer shall be entitled to Service Credits in accordance with Tables 2A and 2B below. Table 2A Circuit Availability in each 12 month period, where Circuit is provided using 3rd party access circuit Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.9% or greater 0% Less than 99.9% to 99.79% 60% Less than 99.79% to 99.5% 90% Less than 99.5% 100% Table 2B Circuit Availability in each 12 month period, where Circuit is provided wholly providedwholly using the Supplier Network Service Credits as percentage of one month’s Rental applicable to the affected Circuit 99.95% or greater 0% Less than 99.95% to 99.85% 60% Less than 99.85% to 99.5% 90% Less than 99.5% 100%