Lumen Service Level Agreements.pdf

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Wide Area Network (WAN) & Internet Services
Contract number
505ENT-M23-NTWRKSRVCS-00
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Wisconsin

About this file

This document is a Lumen Service Level Agreement (SLA) dated August 29, 2022, between CenturyLink Communications, LLC d/b/a Lumen Technologies Group and its customers. The agreement applies to qualifying services across North America (United States and Canada), Europe, Latin America (including Mexico), and Asia-Pacific regions, with Lumen providing telecommunications and network services through both its owned network infrastructure and third-party providers.

The SLA covers a comprehensive range of network and managed services organized into five availability tiers (Bronze, Silver, Gold, Platinum, and Platinum Managed Service) with corresponding service level commitments ranging from 99.5% to 100% uptime. Services include Internet access, MPLS/IPVPN services, Ethernet services (EPL, EVPL, E-Line), wavelength services, managed network services, SD-WAN solutions, and edge gateway services. The agreement establishes specific performance metrics for packet delivery, latency, and jitter, along with delivery timeframes ranging from 24 hours for dynamic connections to standard customer commit dates for other services. Service level credits are provided as percentage reductions of monthly recurring charges (MRC) or billing cycle charges (BCC) when performance targets are not met, with credits ranging from 10% to 100% depending on the severity and duration of service issues. The agreement includes provisions for chronic outage termination rights and establishes a 60-day window for customers to request service credits through Lumen's customer service channels.

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CONFIDENTIAL

© Lumen Technologies. All Rights Reserved.

Lumen Service Level Agreement Updated: August 29, 2022

“Lumen” is defined for purposes of this Service Level Agreement as CenturyLink Communications, LLC d/b/a Lumen Technologies Group or its affiliated entities providing Services subject to this Service Level Agreement. This Service Level Agreement applies when Customer orders Lumen service(s) listed as Qualifying Services in Table 1.1. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Qualifying Services are contained in the Service Levels applicable to the Affected Service.Terms used but not defined in this Service Level Agreement 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 interpretaton of this Service Level Agreement. This Service Level Agreement is subject to change. If Lumen changes this Service Level Agreement and the change is material and deterimental, Customer may receive the last version of the Service Level Agreement in effect before the change.

1. Availability Tiers Lumen offers Service Availability Service Levels for Qualifying Services based on the following Availability Tiers. The Availability Tiers only apply to the Service Availability Service Level in this Service Level Agreement and do not relate in any way to any tiers in other service level agreements.

Table 1.1 Availability

Tier Qualifying Services

BRONZE

Unprotected Wavelength Service Off-Net Unprotected EPL Service within North America On-Net Unprotected EPL Service within North America*, Europe, Latin America** and Service that includes subsea cable

SILVER

Off-Net Protected EPL, EVPL, E-Line, E-Access and E-LAN Service within Europe, Latin America and Asia-Pacific, and Service that includes subsea cable, Off-Net Internet Services outside North America (“Silver Internet”), Off-Net MPLS (IPVPN and VPLS) Services outside North America (“Silver MPLS (IPVPN and VPLS)”), Standalone Managed Service Standalone Edge Gateway Service Broadband Internet Access with Backup Cellular Internet Access Silver Internet with Broadband Internet Access or Backup Cellular Internet Access****, or Silver MPLS (IPVPN and VPLS) with Broadband Internet Access or Backup Cellular Internet Access****

GOLD

Protected Wavelength Service On-Net Protected EPL, EVPL, E-Line, E-Access and E-LAN Service within Latin America and Asia- Pacific, and Service that includes subsea cable, Off-Net Internet Services in North America and all On-Net Internet Services regardless of the global region (collectively “Gold Internet”), Off-Net MPLS (IPVPN and VPLS) Services in North America and all On-Net MPLS (IPVPN and VPLS) Services regardless of the global region (collectively “Gold MPLS (IPVPN and VPLS)”), Gold Internet with Broadband Internet Access or Backup Cellular Internet Access**** Gold MPLS (IPVPN and VPLS) with Broadband Internet Access or Backup Cellular Internet Access**** Dynamic Connections – IPVPN, or Managed Service with MPLS (IPVPN and VPLS) or Internet Service directly connected to the Managed Service at a Site, or Edge Gateway Service with MPLS (IPVPN and VPLS) or Internet Service directly connected to the Edge Gateway Service at a Site

PLATINUM

On-Net and Off-Net Protected EPL, EVPL, E-Line, E-Access and E-LAN Service within North America, On-Net Protected EPL, EVPL, E-Line, E-Access, and E-LAN Service within Europe, eLynk, or Dynamic Connections – Ethernet

PLATINUM

MANAGED

SERVICE***

High Availability Managed Services muirpxybp Highlight The state respectfully declines and requires the SLAs to be defined in contract, SLAs are not useful if a Contractor can simply modify them at will.

© Lumen Technologies. All Rights Reserved.

* Any references to North America mean the United States and Canada.

** Any references to Latin America include Mexico.

*** Lumen SD-WAN with Cisco Meraki is not eligible for the Platinum Managed Service Tier.

**** The Enterprise Access Service(s) must be configured to create a backup design to qualify for the availability tier.

2. Service Availability Service Level If a Qualifying Service experiences Service Unavailability, Customer is entitled to a credit as a percentage of the MRCs or BCCs,as applicable, for the Affected Service as set forth in Table 2.1.

If Customer purchases Managed Services or Edge Gateway Service and MPLS (IPVPN and VPLS) or Internet at a specific site, the cause of the Service Unavailability determines the applicable Service Tier. If the Service Unavailability is due to an issue with the MPLS (IPVPN and VPLS) or Internet Service, the Service Tier that the MPLS (IPVPN and VPLS) or Internet Service qualifies for independently applies. If the Service Unavailability is due to an issue with the Managed Service or Edge Gateway Service, the Service Tier that the Managed Service or Edge Gateway Service with the MPLS (IPVPN and VPLS) or Internet Service qualifies for applies. When any nonperformance, outages, failures to deliver or defect in the Service occur due to a Lumen Managed Service hosted on the Edge Gateway, the applicable Managed Services Service tier will apply in lieu of the Edge Gateway Service tier.

Lumen does not provide any Service Level credits for Service Unavailability for Standalone Broadband Internet Access, Primary Cellular Internet Access, or Temporary Primary Transport. Lumen also does not provide any Service Level credits for Off-Net Unprotected EPL outside North America, Third Party Internet Service or Third Party Wavelength Service.

Table 2.1

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

PLATINUM MANAGED

SERVICE

100%

00:00:01 - 00:30:00 = 10% 00:30:01 – 01:00:00 = 20% 01:00:01 – 02:00:00 = 30%

2:00:01 – 3:00:00 = 40% 3:00:01 – 4:00:00 = 50%

04:00:01 or greater = 100%

PLATINUM 99.999%

00:00:44 - 00:30:00 = 10% 00:30:01 – 01:00:00 = 20% 01:00:01 – 02:00:00 = 30%

2:00:01 – 3:00:00 = 40% 3:00:01 – 4:00:00 = 50%

04:00:01 or greater = 100%

GOLD 99.99%

00:04:33 – 00:43:00 = 10% 00:43:01 – 04:00:00 = 20% 04:00:01 – 08:00:00 = 30% 08:00:01 – 12:00:00 = 40% 12:00:01 – 20:00:00 = 50% 20:00:01 or greater = 100%

SILVER 99.9%

00:43:21 – 04:00:00 = 10% 04:00:01 – 8:00:00 = 20%

08:00:01 – 12:00:00 = 30% 12:00:01 – 16:00:00 = 40% 16:00:01 – 24:00:00 = 50% 24:00:01 or greater = 100%

BRONZE 99.5%

03:36:01 – 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%

3. Delivery Service Level Lumen will exercise commercially reasonable efforts to deliver (i) a Managed Service, Edge Gateway Service or Network Service except for Dynamic Connections-IPVPN, Dynamic Connections-Ethernet or Lumen SASE Solutions on or before the Customer Commit Date specified for the Service, (ii) a Dynamic Connections-IPVPN or Dynamic Connections-Ethernet Service within 24 hours of Lumen’s receipt

© Lumen Technologies. All Rights Reserved.

of Customer’s Order or request for circuit connection, (iii) a Lumen SASE Solutions software license within 24 hours of the SASE Order Confirmation Notice, or (iv) Lumen SASE equipment within 15 business days of Customers completion of technical data gathering. If a Service is not installed within these timeframes for reasons other than an Excluded Delay, Customer is entitled to a one-time service credit as set forth in Table 3.1.1, Table 3.2.1, or Table 3.3.1. If Customer’s Agreement contains a right of termination for installation delay, that right of termination will not apply to the Services covered under this Delivery Service Level. Instead, this Delivery Service Level is Customer’s sole remedy for delayed installation of the Service. This Delivery Service Level does not apply to Enterprise Access Services.

3.1 Delivery Service Level for Edge Gateway Service, all Managed Services and Network Services except for Dynamic Connections-IPVPN and Dynamic Connections-Ethernet and Lumen SASE Solutions.

Table 3.1.1 Business Days Beyond Customer Commit Date Service Level Credit of Affected Service MRC 1-5 10% 6-11 20% 12-17 30% 18-23 40% 24-30 50% Greater than 30 100%

3.2 Delivery Service Level for Dynamic Connections-IPVPN and Dynamic Connections-Ethernet.

To be eligible for this Delivery Service Level, the affected instance of Dynamic Connections-IPVPN or Dynamic Connections- Ethernet must be active for at least 1 hour for hourly service, or 48 hours for monthly service.

Table 3.2.1 Hours After Lumen’s Receipt of Customer’s Order or Request for Circuit Connection

Service Level Credit of Affected Service MRC or BCC

25-29 10% 30-35 20% 36-41 30% 42-47 40% 48-54 50% Greater than 54 100%

3.3 Delivery Service Level for Lumen SASE Solutions.

3.3.1 Table 3.3.1 SASE Software License

Hours After Order Confirmation Notice Service Level Credit of Software License MRC 25-29 10% 30-35 20% 36-41 30% 42-47 40% 48-54 50% Greater than 54 100%

3.3.2 SASE Equipment

If SASE Equipment is not delivered within 15 business days of Customer’s completion of technical data gathering information, Customer will be entitled to a Service Level Credit of 100% of the SASE Equipment MRC for each 30 calendar day period until Lumen delivers equipment.

4. Performance Service Level Lumen offers the following Performance Service Levels on Lumen provided Network Services, with the exception of Fiber+ Internet and Wavelength Service. No Performance Service Levels apply for Fiber+ Internet or Wavelength Service.

4.1 Packet Delivery, Latency and Jitter Service Levels - POP to POP. Lumen’s service levels for Packet Delivery, Latency, or Jitter are set forth below in Tables 4.1.1, 4.1.2, and 4.1.3. Internet Service is not eligible for the Jitter Service Level in 4.1.1. For the Latency and Jitter calculations in Table 4.1.1 and Packet Delivery calculations in Table 4.2, targets are averaged monthly metrics between all Lumen designated points of presence (“POPs”) in a given region.

© Lumen Technologies. All Rights Reserved.

Table 4.1.1 Regional Two Way Latency and Jitter for MPLS (IPVPN and VPLS) Service, EPL, EVPL, E-Line, E-Access, E-LAN Service, Dynamic Connections-Ethernet, Dynamic Connections IPVPN eLynk and Internet Services except for Fiber+ Internet.*

Regions Latency Jitter

Intra-North America** <45ms <3ms

Intra-Europe <35ms <3ms

Intra–United Kingdom**** <25ms <3ms

Intra-Asia*** <110ms <3ms Trans-Atlantic (London/Amsterdam – New York) <95ms <3ms Trans-Pacific (Tokyo – Sacramento, CA)**** <150ms <3ms Trans-Pacific (Sydney – Sacramento, CA)**** <270ms <3ms

Trans-Pacific (Sydney – Tokyo)**** <200ms <3ms

Europe to Asia^ <345ms <3ms

* Internet Service is not eligible for the Jitter Service Level.

** Add 90ms from/to the Mexico POP, add 30ms from/to Hawaii, and add 25ms from/to Alaska.

*** ‘Intra-Asia’ is defined as: Bangkok, Beijing, Hanoi, Hong Kong, Kuala Lumpur, Manila, Jakarta, Shanghai, Taipei, Tokyo, Seoul and Singapore; excluding Australia.

**** Region is not available for Internet Service.

^Additionally, add the applicable “intra-region” Latency parameter for the region in which the applicable Customer site is located.

Table 4.1.2 POP to POP Service Levels for MPLS (IPVPN and VPLS) Service, EPL, EVPL, E-Line, E-Access, E-LAN Service, Dynamic Connections-Ethernet, Dynamic Connections IPVPN and eLynk. For Dynamic Connections IPVPN, only Basic Class of Service Pop to Pop metrics apply.

POP to POP Service Levels

Region Class of Service

Dedicated/Premium Enhanced Basic

Intra-US

Packet Delivery 99.99% 99.95% 99.90%

Latency City Pair* City Pair* City Pair*

Jitter <3ms <3ms <3ms

Intra-Europe & US-Europe

Packet Delivery 99.99% 99.95% 99.90%

Latency City Pair* City Pair* City Pair*

Jitter <3ms <3ms <3ms

Rest of World

Packet Delivery 99.90% 99.80% 99.50%

Latency City Pair* City Pair* City Pair*

Jitter <3ms <3ms <3ms

*Appendix 1 sets forth the “City Pair” monthly average two-way latency in the POP to POP two-way Latency Service Level matrix. For city pairs that are not listed in Appendix 1, the regional metrics apply per Table 4.1.1. Regional metric calculations are averaged monthly between all Lumen POPs in a given region.

Table 4.1.3 Packet Delivery Service Level for Internet Services except for Fiber+ Internet

Region Packet Delivery

Global 99.95%

© Lumen Technologies. All Rights Reserved.

4.2 Packet Delivery, Latency and Jitter Service Levels (“End to End Service Level”). Internet Service and EPL do not qualify for this End to End Service Level. End to End Service Levels apply only to sites where Customer has ordered enhanced reporting for E- Line, E-LAN, E-Access, eLynk, IPVPN, and VPLS. For sites with DSL, microwave or satellite access, End to End packet delivery, jitter, and latency service levels do not apply. To calculate an end to end two-way Latency Service Level, the loop factor table applies per Table

4.2.2. For End-to-End Service Levels, the measurement of Packet Delivery, Two-Way Latency and Jitter excludes any time period that Customer’s total bandwidth utilization exceeds 70% of the applicable contracted bandwidth. All measurements are based on the average of the metrics for that calendar month.

Table 4.2.1 End-to-End Service Levels

Service Specific End-to-End Network (CE to CE) Service Levels

Region Class of Service

Dedicated/Premium Enhanced Basic

Intra-US

Packet Delivery 99.90% 99.50% 99.50%

Latency City Pair + Loop Table City Pair + Loop Table City Pair + Loop Table

Jitter <3ms <3ms <3ms

Intra-Europe & US- Europe

Packet Delivery 99.90% 99.50% 99.50%

Latency City Pair + Loop Table City Pair + Loop Table City Pair + Loop Table

Jitter <3ms <3ms <3ms

Rest of World

Packet Delivery 99.50% 99.00% 99.00%

Latency City Pair + Loop Table City Pair + Loop Table City Pair + Loop Table

Jitter <6ms <6ms <6ms

Table 4.2.2 below provides Latency increments to add to the Service Specific POP to POP City Pair Latency values given above in Table

4.2.1 for Customer sites located within the mileage bands indicated in Table 4.2.2. For T1 and bonded NxT1 transport circuits, an additional 12 ms will be added to the values in Table 4.2.1.

Table 4.2.2 Loop Factor Latency Table

PE to CE Loop factor Latency Table

0-10 miles +3ms 401-600 miles +40ms

11-50 miles +6ms 601-800 miles +50ms

51-100 miles +10ms 801-1000 miles +60ms

101-200 miles

+15ms 1001-1200 miles +80ms

201-400 miles

+30ms 1201+ miles ICB

4.3 Packet Delivery, Latency and Jitter Service Levels Credits. Customer will be entitled to a service credit off of the MRC or BCC 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.

Table 4.3.1

Service Level Credits

Performance Metric Service Level Credit

© Lumen Technologies. All Rights Reserved.

Packet Delivery

99.99% 99.98% to 99.38% = 10% 99.37% to 98.77% = 30%

Below 98.77% = 50%

99.95% 99.94% to 99.34% = 10% 99.33% to 98.73% = 30%

Below 98.73% = 50%

99.90% 99.89% to 98.89% = 10% 98.88% to 97.89% = 30%

Below 97.89% = 50%

99.80% 99.79% to 98.80% = 10% 98.79% to 97.80% = 30%

Below 97.80 = 50%

99.50% 99.49% 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%

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

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

>5ms = 50%

5. Managed Services and Edge Gateway Service Service Level Lumen offers the following Managed Service Service Levels on Lumen provided Managed Services and Edge Gateway Service.

5.1 Change Management Service Level. Lumen will implement Soft Change Requests received by Lumen prior to 6 P.M. local time on a Business Day, by the close of the following Business Day unless Customer schedules a later implementation date. All such change requests must be made through the Lumen web-based portal or by dialing the applicable support number provided to Customer during provisioning. As Hard Change Requests require a Change Order, this Service Level does not apply to Hard Change Requests.

Instead, the Delivery Service Level applies to Hard Change Requests. This Service Level does not apply during the first 30 days following the Service Commencement Date. If Lumen does not meet this Service Level, Customer will be entitled to the following service credit.

This Change Management Service Level does not apply to Edge Gateway Service. This Change Management Service Level does not apply to Self-Managed Lumen SASE Service.

Table 5.1.1 Business Days to Implement Soft Configuration Change from Time Request is Received or Customer Scheduled Date

Service Level Credit of Managed Service MRC

2 10% 3 20% 4 30% 5 40% Greater than 5 50%

5.2 Notification Service Level. Lumen will notify Customer (i) of a Critical Incident within 15 minutes of the alarm signaling the Critical Incident and (ii) of an Incident within 30 minutes of the alarm signaling the Incident. If Lumen does not meet this Notification Service Level, Customer will be entitled to the following service credits. This Notification Service Level does not apply to the Security Upgrade option for Lumen SD-WAN with Versa Networks, Customer applications hosted on the Edge Gateway Service, or Self-Managed SASE Service.

Table 5.2.1 Number of Missed Notifications in a Calendar Month Service Level Credit of Managed Service MRC

© Lumen Technologies. All Rights Reserved.

1 10% 2 20% 3 30% 4 40% 5 or more 50%

5.3 Response Time Service Level. Lumen continuously monitors all Managed Devices and provides on-site maintenance and repair once Lumen has determined, through fault isolation, that a Managed Device has experienced a fault (i.e. “problem dispatch”).

Lumen will begin remotely working to resolve the issue within the response times listed in Table 5.3.1. Prior to Lumen’s response, or, if Customer requests maintenance assistance, Lumen may request Customer to verify that the local environment (including power, WAN/LAN connectivity, inside wiring / cabling etc.) has been diagnosed and ruled out as the source of the reported fault. This Response Time Service Level does not apply to the Security Upgrade option for Lumen SD-WAN with Versa Networks, Customer applications hosted on the Edge Gateway Service, or Self-Managed Lumen SASE Service.

Table 5.3.1 Managed Service Response Time Managed Network Service and Edge Gateway Service

Within 4 hours of Customer’s response to the initial Critical Incident notification

Lumen SD-WAN Service with Versa Networks and Lumen SD-WAN Service with Cisco Meraki and Lumen SASE Solutions with Pro- Managed Service

Within 4 hours of (i) Customer’s response to the initial Incident notification or (ii) Lumen’s detection if it is a Critical Incident

If Lumen does not meet this Response Time Service Level, Customer will be entitled the following service credits.

Table 5.3.2 Number of Missed Response Time(s) in a Calendar Month

Service Level Credit of Managed Service MRC

1 10% 2 20% 3 30% 4 40% 5 or more 50%

5.4 Time To Resolve (TTR). Lumen will target Resolution of a service impacted event based on the severity, according to the timeline below. The Service Level metric is measured in Business Hours from the Response Time in 5.3. This Time To Resolve Service Level will not apply to events that cause Service Unavailability. If Managed Service is unavailable, Customer will instead receive the Availability Service Level. This Time To Resolve Service Level will also not apply to events isolated to an issue related to the Managed Device. If the issue is related to the Managed Device, Customer will receive the Managed Device Replacement Service Level. This Time To Resolve Service Level does not apply to the Security Upgrade option for Lumen SD-WAN with Versa Networks, Customer applications hosted on the Edge Gateway Service, or Self-Managed Lumen SASE Service.

Table 5.4.1 Time To Resolve Service Level Severity Level Description Service Level

High

Service available but is experiencing an issue that has caused essential functionality to be significantly impaired

Less than 4 hours

Medium Service degraded performance or functionality

Less than 12 hours

Low Intermittent Service issues Less than 24 hours

Table 5.4.2 Time To Resolve Service Level Credits High Severity Service Impacted Hours Service Level Credit of Managed Service MRC 4:00-6:00 10% 6:01-8:00 20% 8:01-10:00 30% 10:01-12:00 40% Greater than 12:00 50%

© Lumen Technologies. All Rights Reserved.

Table 5.4.3Time To Resolve Service Level Credits Medium Severity Service Impacted Hours Service Level Credit of Managed Service MRC 12:00-16:00 10% 16:01-20:00 20% 20:01-24:00 30% 24:01-28:00 40% Greater than 28:00 50%

Table 5.4.4Time to Resolve Service Level Credits Low Severity Service Impacted Service Level Credit of Managed Service MRC 24:00-30:00 10% 30:01-36:00 20% 36:01-42:00 30% 42:01-48:00 40% Greater than 48:00 50%

5.5 Managed Device Replacement Service Level. If Lumen has determined, through fault isolation, that a Lumen provided Managed Device has experienced a fault (i.e. “problem dispatch”), Lumen will use commercially reasonable efforts to ship a replacement CPE device to Customer within the following time frames if Customer notifies Lumen by 12:00 p.m. in the time zone where the affected Managed Device is located. The Lumen Zone List can be found at https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html. Lumen will not support or replace CPE that is altered, modified, mishandled, destroyed, or damaged by one or more of the following: (i) natural causes; (ii) environmental failures; (iii) Customer’s failure to take any required actions; (iv) a negligent or willful act or omission by Customer or unauthorized use; or (v) an act or omission of a third party. Customer must provide a safe place to work at its premises and comply with all laws and regulations regarding the working conditions at its premises.

Table 5.5.1 Zone Managed Device Replacement Service Level Zone 0* 24x7x4 Zone 1 8x5 NBD Zone 2 Within 5 Business Days Zone 3 Within 10 Business Days

* If Managed Service is Managed Network Service and Customer has purchased 24x7x4 device maintenance, the replacement CPE device will arrive at the Customer site within 4 hours. This repair and replacement coverage is 24 hours per day, 7 days per week. This repair and replacement option is not available for purchase in all regions.

If Lumen does not meet this Service Level, Customer will be entitled the following service credits:

Table 5.5.2 Business Days Beyond Service Level Service Level Credit of Managed Service MRC 1 10% 2 20% 3 30% 4 40% 5 or more 50%

If replacement of the Lumen provided Managed Device is not reasonably practical, Lumen will notify Customer and Customer may terminate the Managed Service upon 10 Business Days prior written notice to Lumen. Inventory will be maintained consistent with vendor recommendations. In the event that a Customer provided Managed Device fails, Customer will not be eligible for a Service Level credit.

Instead, Lumen will attempt to diagnose and restore the Managed Device. However, should the Customer provided Managed Device need replacement, Lumen will notify Customer of its inability to restore that Managed Device and the need for Customer to coordinate replacement per Customer’s pre-existing CPE maintenance agreement at Customer’s expense.

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

For a Wavelength, Unprotected EPL, E-Line, E-Access, or E-LAN Service (excluding any Wavelength or Unprotected EPL Service provided in Latin America) when Service experiences Service Unavailability for more than 12 consecutive hours in each of three consecutive calendar months, or for more than 42 hours in the aggregate in any calendar month.

© Lumen Technologies. All Rights Reserved.

For an affected EVPL Service, Protected EPL, E-Line, E-Access, or E-LAN Service (excluding any Protected EPL Service provided in Latin America), MPLS (IPVPN or VPLS), Internet Service, Edge Gateway Service, or Managed Service, when 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. For clarification, termination of a Converged Service will result in termination of all applicable Services bundled together as the Converged Service under the Order.

Customer is responsible for all Service charges until the termination date. If Customer fails to notify Lumen 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 or Affected Converged Service. This Service Level does not apply to Enterprise Access Service, Dynamic Connections-Ethernet, or Dynamic Connections-IPVPN.

7. Credit Request Process Unless otherwise set forth in the Agreement, Customer must notify Lumen 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 https://www.lumen.com/en-us/home.html) or deliver a written request with sufficient detail to identify the Affected Service.

8. Limitations In no event will Service Level credits in any calendar month exceed 100% of the total MRC or BCC 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. Lumen’s maintenance log and trouble ticketing systems are used to calculate Service Level events.

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

9. Definitions “Affected Service” is defined as the Qualifying Service at a specific service location that does not meet a service level defined in this Service Level Agreement.

“Backup Cellular Internet Access” is defined as Cellular Internet Access deployed as a backup access service to Broadband Internet Access Service, Internet Service, or MPLS (IPVPN and VPLS) Service. BIA may appear as Lumen IQ Delta Port Internet Connection on ordering, invoicing or other documentation.

“Broadband Internet Access” is defined as Lumen procured third-party provided unsecured local internet broadband service and 24x7 monitoring and management of the broadband service.

“Business Day” is defined as Monday through Friday excluding all banking, U.S. holidays, and national or local holidays applicable to Customer’s service location.

“Business Hours” is defined as 8:00 am to 5:00 pm in the time zone where the Affected Service is located.

“Billing Cycle Charges” or “BCC” is defined as the total hourly Service usage charges (not including taxes, fees and surcharges) in the billing cycle in which the event occurred giving rise to the requested service level credit. Billing Cycle Charges are only applicable to Dynamic Connections- Ethernet and Dynamic Connections-IPVPN Service billed on an hourly basis instead of a monthly recurring charge.

“Cellular Internet Access” is defined as a Lumen procured third party provided machine to machine wireless communication service for the receipt and transmission of data, information or messages.

“City Pair” is defined as the “City Pair” monthly average Service Level matrix set forth in Appendix 1. Appendix 1 is available upon request.

“Converged Service” is defined as Internet Services bundled with Enterprise Voice SIP Based Services or MPLS (IPVPN or VPLS) Services bundled with either Internet Services or Enterprise Voice SIP Based Services.

muirpxybp Highlight The state requires the process to be defined, and needs clarification if such requests are done direct through the portal, or can be delivered electronically in writing to the key personnel identified by Lumen.

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“CPE” is defined as Customer premises equipment.

“Critical Incident” is defined as an incident that produces a situation in which one or more Managed Devices becomes inoperable, produces incorrect results, or fails catastrophically. The list of incident alarms that signal a Critical Incident is available in the Lumen Managed Services Alarm Guide located at https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html and is subject to change.

“Customer Commit Date” is defined as the date by which Lumen will install Service. If Customer’s service installation is delayed due to an Excluded Delay, Lumen will provide Customer with a revised Customer Commit Date.

“Edge Gateway Service” is defined as Lumen Edge Gateway Services,vwhich may also be called “Adaptive Virtual Services Premises- Lumen Edge Gateway” or “Adaptive Virtual Services Premises” on ordering, invoicing, or other documentation.

“Enterprise Access Service” is defined as Broadband Internet Access Service or Cellular Internet Access Service.

“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 Lumen with accurate, current contact information (b) Lumen’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 Lumen, (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 Service Level Agreement (h) unforeseen circumstances such as construction, build requirements, shipping delays, or material/equipment shortage (i) for off-net service, delays caused by Lumen’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 Lumen 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 Lumen with accurate, current contact information; (e) Lumen’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 continuing to use the Service on an impaired basis; (g) Lumen'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 configuation; (k) Customer’s failure to comply with any environmental requirements provided by Lumen or (l) force majeure events.

“Hard Change Request” is defined as any service request that impacts the pricing of the Service. Hard Change Requests require Customer to execute a change Order.

“High Availability Managed Service” is defined as two Managed Service packages each with active transport (Lumen or Customer provided) at the same site or same Customer provided cloud environment configured to create a failover design.

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

“Incident” is defined as an incident that produces a situation in which the operability of one or more Managed Devices is adversely impacted. The list of incident alarms that signal an Incident is available in the Lumen Managed Services Alarm Guide located at https://www.lumen.com/en-us/about/legal/business-customer-terms-conditions.html and is subject to change.

“Internet Service” is defined as Dedicated Internet Access, Internet Services, High Speed IP, IP Transit Services, Hyper Internet, CenturyLink IQ Networking Internet Port, or Fiber+ Internet.

“Latency” is defined as the monthly average time it takes for a IP test packet to travel round trip across the relevant portion of the Lumen Network calculated as:

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

“Managed Device” is defined as an eligible CPE device managed as part of a Managed Service.

“Managed Service” is defined as Lumen SD-WAN with Versa Networks, Lumen SD-WAN with Cisco Meraki, Managed Network Service, or Lumen SASE Solutions.

“MPLS (IPVPN and VPLS) Service” is defined as IP VPN, IPVPN, IPVPN Port, Private Port, IQ Networking Private Port, MPLS/IP VPN Port, VPN, NBIPVPN (Network Based IP VPN), Virtual Private Network, Hyper IPVPN or IP Solutions Private Port.

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“Network Service” is defined as Internet Service, Wavelength Service, MPLS (IPVPN and VPLS) Service, EPL, EVPL, E-Line, E-Access, E-LAN Service, Dynamic Connections-Ethernet, Dynamic Connections IPVPN and eLynk. For clarity, the Ethernet services that do not meet the definition of Qaulifying Service are not eligible for this Service Level Agreement.

“Off-Net” is defined as local access Service not provided on the Lumen owned and operated network.

“On-Net” is defined as local access Service provided on the Lumen owned and operated network.

“Packet Delivery” means the monthly average percentage of packets that are delivered over the relevant portion of the Lumen Network calculated as:

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

“Primary Cellular Internet Access” is defined as Cellular Internet Access without any other Lumen provided access method at Customer’s site. Primary CIA may appear as Enterprise Wireless Access Service (“EWAS”) on ordering invoicing or other documentation.

“Protected Wavelength Service” means Wavelength Service that includes a Lumen managed protection scheme that allows traffic to be re-routed in the event of a fiber cut or equipment failure.

“Qualifying Service” is defined as the Services listed in Table 1.1. For clarity, the following Ethernet services are not eligible for this Service Level Agreement: CenturyTel Metro Ethernet Services, EMBARQ Classic Ethernet Services, CenturyLink QCC Domestic Ethernet Private Line and Metro Ethernet Private Line, CenturyLink Metro Ethernet, CenturyLink QCC Metro Ethernet, CenturyLink QC Metro Ethernet, CenturyLink Ethernet over SONET, CenturyLink QC Intrastate Metro Ethernet, and CenturyLink E-Line Service.

“Resolution” means Lumen has determined the Managed Device(s) reporting the event has been returned to fully operational status and has been determined to be operating within expected limits.

“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. For a Managed Service to experience Service Unavailability, Customer must be unable to deliver IP Packets from an individual Customer site to the network over both the Managed Service(s) and any associated transport. For Protected Wavelengths, Customer must be unable to deliver IP Packets from an individual Customer site to the network over both the primary and failover path. Service Unavailability is measured from the time a trouble ticket is opened to the time the Service is restored.

“Service Ready Date” is defined as the date Lumen notifies Customer that the Lumen SASE Solutions service is ready for activation.

“Soft Change Request” is defined as any software change that involves network features or system parameters and requires no onsite visit or physical modification. Soft Change Requests do not (a) include service additions or deletions, (b) addition or removal of security gateway services (c) design impacting changes such as changes to the virtual service chain, if applicable (d) configuration change requests that impact more than 5 Managed Devices or (e) any items that are considered the Customer’s responsibility, including but not limited to, user and group configurations.

“Standalone Edge Gateway Service” is defined as a single instance of Edge Gateway Service (1) not combined with MPLS (IPVPN or VPLS) or Internet Service at a specific Service location (2) combined only with a single instance of Broadband Internet Access service or

(3) combined with Broadband Internet Access service and Backup Cellular Internet Access.

“Standalone Managed Service” is defined as a single instance of Managed Service (1) not combined with MPLS (IPVPN or VPLS) or Internet Service at a specific Service location (2) combined only with a single instance of Broadband Internet Access service or (3) combined with Broadband Internet Access service and Backup Cellular Internet Access.

“Standalone Broadband Internet Access” is defined as a single instance of Broadband Internet Access not combined with Backup Cellular Internet Access, Internet Service, or MPLS (IPVPN and VPLS) Service at a specific Service location.

“Temporary Primary Transport” is defined as Cellular Internet Access used as temporary primary transport only until either the actual primary transport (“Primary Transport”) is available at the Customer premises or 180 calendar days from the date Cellular Internet Access is available for use, whichever is earlier.

“Third Party Internet Service” is defined as Internet Service provided entirely by Lumen’s third party subcontractor(s). For clairity, 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 Lumen owned and operated network. Customer may report faults and/or outages in Third Party Internet Service to

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Lumen on a 24x7 basis and, in such circumstances, Lumen will contact the applicable third-party service provider with a view to restoring service as quickly as possible.

“Third Party Wavelength Service” is defined as a Wavelength Service provided entirely by Lumen’s third party subcontractor(s). For this service, Lumen will pass-through to Customer any service levels and associated credits (or other express remedies) provided to Lumen by the applicable third party carrier.

“Unprotected Wavelength Service” means Wavelength Service that does not include a Lumen managed protection scheme that would allow traffic to be re-routed in the event of a fiber cut or equipment failure.

File details come from the government source that posted it. Updated .