ATT Switched Ethernet 3PA_Service Level Agreements.docx

Service Level Agreement (SLA)

SLA-1. Class of Service (CoS) SLA Section Effective Date: 22-May-2019 CoS SLA credits will be granted for AT&T Switched Ethernet Service 3PA if AT&T fails to meet the service parameters (i.e., Latency, Packet Delivery Rate (PDR) and Jitter) defined for each CoS, subject to the following terms and conditions:

· The Customer must notify AT&T when performance for any service parameter fails to meet the committed level for any calendar month.

· The Customer must request a service credit for any performance failure, usi ng the AT&T Business Direct® portal or other method provided by AT&T, within 45 days after the end of the month when the failure occurred.

· Upon verification by AT&T that actual service performance for the relevant parameter failed to meet the committed level, AT&T will correct the problem within one month.

· If, after one month, service performance for the relevant parameter still fails to meet the committed level, the Customer will be provided a service credit equal to 25 percent of the Monthly Recurring Charges (MRCs) for all affected ports (for the CoS SLAs). Only one such credit, per port, will be applied per calendar month, regardless of the number of service parameters for which performance failed to meet the committed levels.

· CoS SLA credits (i.e., Latency, Packet Delivery Rate (PDR) and Jitter) will only be granted for failures traceable to the AT&T-owned portion of the associated circuit. Failures traceable to the 3PA Provider portion of the circuit are not eligible for CoS SLA credits.

SLA-1.1. Latency, Jitter and Packet Delivery Rate (PDR)

Section Effective Date: 22-May-2019

Latency, Jitter and Packet Delivery Rate (PDR) will be calculated by averaging sample measurements taken during a calendar month between city pairs on the AT&T core network. Any sections of a circuit that use 3PA Provider facilities are excluded from any measurement or average. Those city pairs are not necessarily representative of Customer's service locations. Measurements will reflect the performance of the AT&T core network only, as reported in AT&T Global Performance Reporting systems or such other source as AT&T may designate. Measurements will reflect performance between AT&T core network Ethernet switches and will not include local transport or backhaul segments. The SLA target for Latency and Jitter are to be not more than, and for PDR is to be not less than, the levels set forth in the SLA table below.

For any failure of the Latency, Jitter or PDR SLA, the "affected ports" will be those which related to EVCs during the month for which the Customer has requested an SLA credit.

CoS SLA Service Parameters - Service Measurement*

Class of Service Latency (round trip)

Jitter Packet Delivery Rate (PDR)

Notes:

SLA-2. Network Availability SLA

The SLA service parameter for Network Availability is to be not less than 99.99% for all Customer ports and Classes of Services. Network Availability will be calculated as the percentage of time during a month that the network is capable of accepting and delivering

Customer data during the measurement period. Network Availability includes the Ethernet core network and the local loop. Network outage time during maintenance windows will be excluded from Network Availability calculations.

The calculation for Network Availability for a given month is as follows:

Network Availability* = [(24 hours x days in the month x 60 minutes x number of Customer ports) – network outage time] / (24 hours x days in the month x 60 minutes x number of Customer ports) The Customer will (1) notify AT&T within 45 days after the end of any calendar month for which Network Availability fails to meet the committed level, and (2) request a service credit. Upon verification by AT&T that actual service performance for Network Availability failed to meet the committed level, AT&T will issue a credit to the Customer in an amount equal to 10 percent of the Monthly Recurring Charge (MRC) for all Customer ports.

*Measured performance will be rounded to the nearest hundredth (decimal place). For example, 99.985% will be rounded to 99.99%.

SLA-3. Credit Allowance for Service Interruptions

Service is considered to be interrupted when it becomes unusable because of a failure of a facility component used to furnish service under this Service Guide. The interruption must result in the complete loss of such service. An interruption period starts when an inoperative service is reported to AT&T and ends when the service is operative.

The credit allowance for an interruption or for a series of interruptions will be calculated based on the applicable monthly rate for the port (or ports) which were interrupted, including the other rate elements associated with that port (CIR, repeater, etc.). No credit will be applicable to other ports on the network that were uninterrupted, even if they were unable to connect to an interrupted port.

No credit will be allowed for an interruption period of less than 30 minutes. The Customer will be credited for an interruption of 30 minutes or more at the rate of 1/1440 of the monthly charges for the facility or service for each period of 30 minutes or fraction thereof that the interruption continues after the initial 30-minute interruption.

SLA-4. SLA Exclusions

The SLA provisions, measurements, and eligibility for credit will exclude conditions wherein service performance was adversely affected by any of the following:

· Any cause beyond AT&T’s reasonable control (force majeure events) including, but not limited to, acts of war, civil disturbances, acts of civil or military authorities or public enemies, earthquakes, hurricanes, floods, fires, storms, tornadoes, explosions, lightning, power surges or failures, fiber cuts, strikes or labor disputes;

· Failures of any structures, facilities or equipment provided by the Customer or its contractors, equipment vendors, or by any carrier or service provider other than AT&T;

· Interruptions caused by the negligence of the Customer or End User;

· Interruptions of a service during any period in which AT&T is not afforded access to the premises where the service is terminated;

· Interruptions during any period when AT&T and the Customer have negotiated the release of the service for (1) maintenance purposes, (2) to make rearrangements or (3) to implement an order for a change in the service;

· Interruptions during any periods when the Customer elects not to release the service for testing and/or repair and continues to use it on an impaired basis;

· Data loss during AT&T’s scheduled maintenance windows;

· Data exceeding subscribed CIR;

· Failures of any structures, facilities or equipment on the Customer’s side of the demarcation point.

SLA-5. SLA Other Terms and Conditions

The total credit amount of any allowances for interruptions and SLA credits applicable in a given month will not exceed 100 percent of the monthly recurring charge for the port and associated rate elements.