Brightspeed_DIA_Symetrical_SLA.pdf

CONFIDENTIAL

Brightspeed Service Level Agreement

For Dedicated Internet Access

Updated: September 1, 2022

This Service Level Agreement (“SLA”) is with Customer and Connect Holding II, LLC d/b/a “Brightspeed”. This SLA applies when Customer orders Brightspeed service(s) listed as Dedicated Internet Access Service in Table 1.1. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Dedicated Internet Access Service are contained in the Service Levels applicable to the Affected Service. Terms used but not defined in this SLA will have the meaning set forth in the Agreement. In the event of a conflict between the definition section below and a defined term in another Service Attachment, the definitions section below will prevail for purposes of interpretation of this SLA. This SLA is subject to change. If Brightspeed changes this SLA and the change is material and detrimental, Customer may receive the last version of the SLA in effect before the change.

1. Service Availability Service Level

If Dedicated Internet Access Service experiences Service Unavailability, Customer is entitled to a credit as a percentage of the Monthly Recurring Charges (“MRCs”), as applicable, for the Affected Service as set forth in Table 1.1.

Table 1.1

Availability Tier Service Availability Availability Service Credit (in hrs: mins: secs)

GOLD 99.2%

06:00:01 - 10:00:00 = 10% 10:00:01 - 14:00:00 = 20% 14:00:01 - 18:00:00 = 30% 18:00:01 - 22:00:00 = 40% 22:00:01 - 26:00:00 = 50% 26:00:01 or greater = 100%

2. Performance Service Level

Brightspeed offers the following Performance Service Levels.

Table 2.1 Packet Delivery Service Level for Dedicated Internet Access Service

Packet Delivery

99.20%

2.1 Packet Delivery, Latency and Jitter Service Levels Credits. Customer will be entitled to a service credit from the MRC for the Affected Service as set forth below for the Service parameter(s) not met for reasons other than an Excused Outage. Customer will not be entitled to credits under the Packet Delivery, Latency, or Jitter service levels for the Affected Service where such failure is related to Service Unavailability under the Availability Service Level. Performance Service Levels are not applicable when availability, packet loss, jitter or latency are impacted by unmanaged Customer Premises Equipment (CPE) or CPE configuration changes. For purposes of this Agreement, CPE shall include, but not be limited to, routers, switches, Layer 3 switches, firewalls, or customer-provided extended demarcation equipment.

Table 2.1.1

Service Level Credits

Performance Metric Service Level Credit

Packet Delivery

99.20% 99.20% to 98.50% = 10% 98.49% to 97.50% = 30%

Below 97.50 = 50%

99.00% 98.99% to 97.51% = 10% 97.50% to 96.03% = 30%

Below 96.03% = 50%

DocuSign Envelope ID: 9F8A73BE-8EF6-4561-A92F-65C2A0B7893F

© Brightspeed. All Rights Reserved

3. Chronic Outage Service Level

As its sole remedy, Customer may elect to terminate Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, the Service experiences a Chronic Outage. Chronic Outage is defined as follows:

For an affected Dedicated Internet Access Service, when that Service experiences Service Unavailability in any calendar month: (i) for more than one consecutive hour in each of three consecutive calendar months, or (ii) more than 24 aggregate hours during a calendar month.

Customer may only terminate a Service that is Unavailable as described above and must exercise its right to terminate the Affected Service under this Section, in writing, within 30 days after the event giving rise to the termination right. Customer is responsible for all Service charges until the termination date. If Customer fails to notify Brightspeed in the manner set forth in this section with respect to the applicable termination right, Customer will have waived its right to terminate the Affected Service.

4. Credit Request Process

Unless otherwise set forth in the Agreement, Customer must notify Brightspeed of requests for service credits within 60 days after the end of the month in which the event occurred. To request a credit, Customer must contact Customer Service,-- contact information is located at www.Brightspeed.com or deliver a written request with sufficient detail to identify the Affected Service.

5. Limitations

In no event will Service Level credits in any calendar month exceed 100% of the total MRC for the Affected Services. Unless otherwise stated, Service Levels are measured over a calendar month. Customer will not be entitled to Service Level credits for missed Service Levels due to Excused Outages or if Customer does not timely submit the request for service credit as defined in the Credit Request Process. Service Level credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to governmental fees, taxes, surcharges and similar additional charges. Brightspeed's maintenance log and trouble ticketing systems are used to calculate Service Level events.

The Availability, Chronic Outage, Performance and Service Levels do not apply during the first 3 days following the Service Commencement Date. Instead, if Service is not functioning properly during the first 3 days and Customer notifies Brightspeed, Brightspeed will correct any deficiencies and, upon Customer's request, credit Customer's account in the amount of 1/30 of the applicable MRC for each day the Service did not function properly.

6. Definitions

"Affected Service" is defined as the Dedicated Internet Access Service at a specific service location, as well as any Brightspeed provided managed CPE, but excluding any Customer provided CPE.

"Business Day" is defined as Monday through Friday excluding all banking, U.S. holidays, and national or local holidays.

"Excluded Delay" is defined as an installation delay resulting from (a) the unavailability of required Customer personnel, including as a result of failure to provide Brightspeed with accurate, current contact information (b) Brightspeed's lack of access to the Customer premises where reasonably required to deliver the Service (c) incorrect information, equipment, cables or software components specified or supplied by Customer, (d) Customer requested changes to Customer Orders after submission and acceptance by Brightspeed, (e) Customer not being ready to receive Service (f) Customer's failure to timely provide complete configuration information (g) Customer's failure to fulfill any Customer responsibility described in the Agreement, Service Attachment, or this SLA (h) unforeseen circumstances such as construction, build requirements, shipping delays, or material/equipment shortage (i) for off-net service, delays caused by Brightspeed's third party providers or (j) force majeure events.

"Excused Outage" is defined as any event that adversely impacts the Service that is caused by: (a) the acts or omissions of Customer, its employees, contractors or agents, or its end users; (b) the failure or malfunction of equipment, applications, or systems not owned or controlled by Brightspeed or its third party providers; (c) Scheduled Maintenance, alteration, or implementation; (d) the unavailability of required Customer personnel, including as a result of failure to provide Brightspeed with accurate, current contact information; (e) Brightspeed's lack of access to the Customer premises where reasonably required to restore the Service; (f) Customer's failure to release the Service for testing or repair and

Latency 1-10ms = 10% 11-25ms = 30% >25ms = 50%

Jitter >2ms to 3ms = 10% >3ms-5ms = 30%

>5ms = 50%

© Brightspeed. All Rights Reserved continuing to use the Service on an impaired basis; (g) Brightspeed's termination of Service for cause or Customer's use of Service in an unauthorized or unlawful manner; (h) improper or inaccurate specifications provided by Customer;(i) intentional shutdowns due to emergency intervention during security related incidents; (j) Customer-initiated changes to the network environment, architectures, or Managed Device configuration; (k) Customer's failure to comply with any environmental requirements provided by Brightspeed or (I) force majeure events.

"Jitter" is defined as the measurement of the interpacket delay variance and packet loss in the Brightspeed IP network, which is measured by generating synthetic user datagram protocol (UDP) traffic.

"Latency" is defined as the monthly average time it takes for an IP test packet to travel round trip across the relevant portion of the Brightspeed Network calculated as:

Monthly Core Network Latency = Sum of daily Average Latency calculations for a given month Total number of days in a month

"Dedicated Internet Access Service" is defined as Internet Service. For clarity, Ethernet services are not eligible for this SLA.

"Off-Net" is defined as local access Service not provided on the Brightspeed owned and operated network. "On-Net" is defined as local access Service provided on the Brightspeed owned and operated network.

"Packet Delivery" means the monthly average percentage of packets that are delivered over the relevant portion of the Brightspeed Network calculated as:

Monthly Packet Delivery = Sum of daily Average Packet Delivery calculations for a given month Total number of days in a month

"Service Commencement Date" is defined as the date Service is installed and billing commences.

"Service Unavailability" is defined as the complete inability (for reasons other than an Excused Outage) of Customer to deliver IP packets, from an individual Customer site to the network over the Qualifying Service.

"Third Party Internet Service" is defined as Internet Service provided entirely by Brightspeed's third party subcontractor(s). For clarity, Third Party Internet Service is not Off-Net Internet Service. Off-Net Internet Service is Internet Service when the local access service component is not provided on the Brightspeed owned and operated network. Customer may report faults and/or outages in Third Party Internet Service to Brightspeed on a 24x7 basis and, in such circumstances, Brightspeed will contact the applicable third-party service provider with a view to restoring service as quickly as possible.