Dedicated Internet Service Level Agreement

Maximum credit amounts are not aggregated for the purpose of determining solvency, unless it is expressly possible to do so. The credits apply to the port rcms of the service concerned after application of all the discounts and do not apply to the RCMs of other services or to the MMRs of the service concerned. The maximum credit issued for non-compliance with an SLA or combination of SLAs within 24 hours shall not exceed one-thirtieth (1/30) of the monthly recurring fee (“MRC”) of the service concerned. The maximum SLA credits available during a calendar month of a calendar month do not exceed the 7-day fee prorated to the MRC of the service concerned. In no case does the total assets for all credits allocated during a month exceed 50% of the relevant RCMs for the service concerned. Credits accumulated in a month of 1 month must exceed $25.00 to be processed. If Customer does not notify AireSpring in the manner described above with respect to applicable SLA credits, Customer has waived their SLA credit entitlement for that month. Total credits under this SLA are limited to the RCN for the relevant service for the monthly billing period during which the service does not meet one or more of the above guarantees/objectives. The cumulative cumulative sum of service credits awarded in a contract year under these SLAs shall not exceed 20% of an eligible customer`s total recurring monthly fee for all ports invoiced during the contract year. . . .

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