29 - Internet Services Agreement

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relating to Customer's or its employees' and its agents' negligence or intentional misconduct. Customer shall provide written notice to Vyve of any operational problems with the Fiber Service, Interconnection Facilities and Demarcation Points and will cooperate with Vyve to effect any needed repairs. 3. Service Level Commitment. 3.1 Network Availabilit . The Vyve network shall be available for use by Customer with the Fiber Service provided under the Agreement at least 99.99% of the time as measured over the then current monthly period ("Network Availability"). Network Availability shall be calculated by dividing the number of minutes that the Services are available for Customer's use by the total number of minutes of such calendar month and multiplying the result by 100. In calculating Network Availability, Service Interruptions (as defined below) resulting from the reasons or causes set forth in Section 3.4 of these Additional Terms and Conditions shall not be included in determining whether Vyve has metthe applicable performance standard for Network Availability. For example, if the Fiber Service experiences an outage for one (1) day due to a Force Majeure Event, and otherwise experience no other outage or Service Interruption (as defined in Section 5.2) during the applicable month, Vyve will be deemed to have met the Network Availability performance standard of 99.99%. 3.2 Service Interruption. A "Service Interruption" means a total loss of Fiber Service. A Service Interruption is not a default under the Agreement, but may entitle Customer to credits as provided in these Additional Terms and Conditions. A Service Interruption period begins when Customer makes a Trouble Report (as defined below) to Vyve under the methods and procedures set forth in Section 4 of these Additional Terms and Conditions and ends when Vyve restores the Fiber Service to Customer. 3.3 Service Interruption Credits for Network Availability. A Credit Allowance will be given in any month during the term of the Agreement when there is a Service Interruption that qualifies for a credit allowance. The amount of the Credit Allowance shall be as follows: Four (4) or more continuous ,k credit of 1/30 of the MRF for the month in which such hours ofa Service four (4) hour Service Interruption occurred. Not more Interruption than one (1) credit will be issued for any one (1) day period regardless of the number of qualifying Service nterruotions in such 24 hour period. 3.4 Exceptions to Credit Allowance Credit Allowances shall not be provided for Services Interruptions: (i) caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power not caused by Vyve; (iii) during any period in which Vyve is not allowed access to the premises of Customer to access Vyve equipment; (iv) due to scheduled maintenance and repair, or during the maintenance window; (v) caused by or due to violations of the AUP; (vi) caused by fiber optic cable cuts on the Customer's property which are not the fault of Vyve; (vii) caused by a failure of the Customer's customer equipment or internal wiring or loss of other service supplied by Customer; or (viii) due to Force Majeure Events. In no event shall a Service Interruption Credit Allowance exceed one (1) month's monthly recurring fees ("MRF") in any thirty (30) day period regardless of the number or duration of Service Interruptions. 3.5 Ma'or Outa Re. If three (3) times during the term of the Agreement, the Fiber