VERIZON SELECT SERVICES INC. Page 1 SECTION 14 - EXHIBIT N - NATIONAL TRANSPARENT LAN SERVICE

Transcription

1 VERIZON SELECT SERVICES INC. Page 1 Quote Number or CBS/CNE Tracking Number: 1) Description of Service. National Transparent LAN Service ( National TLS or the Service ) is a high-speed data service which provides InterLATA connectivity between Customer locations, using Multi-Protocol Label Switching (MPLS) technology and a shared Internet Protocol (IP) backbone. National TLS transports Customer information between LATAs by use of Ethernet Virtual Circuits (EVCs). The Service offers several bandwidth options as set forth below. 2) Access Options. This Exhibit covers the interlata provision of National TLS. Customer must provide intralata capabilities and access to Verizon s National TLS network. The intralata service obtained by Customer must be compatible (as determined by Verizon in its reasonable discretion) with the National TLS provided herein. Customer must use the same bandwidth options as selected for its intralata service as selected herein. Unless expressly provided otherwise in this Agreement, such intralata TLS will be subject to additional rates and a separate agreement with the intralata TLS provider. 3) Rate Elements. The Services shall be billed on a per-evc basis and rates for such EVC shall depend upon the bandwidth chosen by Customer. Administrative Charges shall also apply to a) Customer requests for delays in the due date for provisioning; b) Customer cancellation of an order which is already in progress; c) Customer upgrade of the Service in accordance with this Exhibit; d) Customer request for remapping an EVC; e) Customer renewal of the Agreement; and f) other administrative changes to the Service. Additional charges shall also apply to requests to expedite provisioning of the Service from Verizon s standard provisioning intervals. 4) Service Period. The Service is available under Extended Service Plans (hereinafter Service Period ) of one, two, and three years. At the end of the Service Period, the terms and conditions of the Agreement shall continue to apply; provided that Verizon reserves the right to increase the rates to the level corresponding to the shortest Service Period available at Verizon s then-current published rates for the Service. 5) Operational Service Level Agreements (SLAs). Operational SLAs are available and are as follows: a) SLA For On-Time Provisioning (i) On-Time Provisioning Measurement. Verizon agrees to complete installation of the EVC no later than the Firm Order Commitment (FOC) date issued by Verizon plus twenty-four (24) hours. Verizon will issue a FOC date upon completion of its review of available required facilities and components. Completion of all design and ordering related forms and documents (including but not limited to network design, configuration, and data gathering forms) must occur prior to providing the FOC date. This SLA shall not apply to orders where an expedited interval has been requested or for disconnection orders. (ii) On-Time Provisioning Service Response Credits (SRCs). If Verizon fails to install an EVC within twenty-four (24) hours after the FOC date because of Verizon s sole fault, Verizon will provide an SRC equal to twenty percent (20%) of the associated Monthly Recurring Charge (MRC) for the month in which the due date is missed for the EVC. SRCs shall not be available if Verizon determines after the FOC date is issued that sufficient facilities are not available to provision the order, where special construction of facilities is required, or when the FOC date is missed because the local access service is not available. SRCs will also not be available for missed FOC dates if the Customer provides inaccurate information on the order, revises the order or is not ready to accept the Service on the FOC date. b) SLA For Mean Time to Repair (MTTR). (i) MTTR Measurement. Under the MTTR SLA Verizon will measure the average Time to Repair (TTR) for Customerreported interruptions in the Services with respect to EVCs provided herein ( Interruption ). Interruption means a condition that renders an EVC unavailable for use by Customer due to a fault caused by Verizon in the National TLS network. To be measured under this SLA, Customer must report any Interruption to a Verizon-designated entity for the opening of a trouble ticket. The TTR is measured from the date and time a trouble ticket is opened by Verizon and the date and time when such ticket is closed by Verizon. In measuring the TTR, any stop clock time associated with the trouble shall be subtracted from such measurement. For purposes of this measurement, stop clock time refers to a) periods when Customer testing is occurring; b) periods when Verizon is awaiting Customer authorization to commence work on an EVC; c) periods following a repair of an EVC when the ticket is held open by Customer to ensure the trouble is resolved; and d) any time period during which any of the occurrences listed in Section 7 (SLA Exclusions) existed. The SLA shall not apply to cases of trouble where no trouble was found or repeated cases of trouble for the same Interruption. The MTTR SLA shall be measured on a calendar month basis and shall be calculated by adding the TTR for all Interruptions and dividing that sum by the total number of trouble tickets opened for Interruptions for the Customer during that month.

2 VERIZON SELECT SERVICES INC. Page 2 (ii) MTTR SRCs. If the average MTTR for Interruptions for a calendar month exceeds four (4) hours, Verizon shall provide a credit of twenty percent (20%) of the MRC for any individual EVC that is unavailable for use for more than four (4) consecutive hours during such calendar month. c) SLA For Network Availability. (i) Network Availability Measurement. Network Availability refers to the percentage of time during a calendar month that the Service is available for use by Customer. The Verizon threshold for Network Availability is 99.90%. Network Availability is calculated based upon the total number of minutes in a calendar month that Customer was actually in service divided by the total number of minutes in the month (1,440 minutes multiplied by the number of days in month multiplied by the number of EVCs, less the number of minutes that the EVCs were interrupted during month, divided by the number of available minutes for the month, i.e. 1,440 minutes multiplied by the number of days in month multiplied by the number of EVCs). Verizon will not round up the calculation to reach the 99.90% threshold. The Network Availability SLA is only available for outages reported by Customer by opening a trouble ticket with Verizon. An interruption for EVCs shall be computed, and be subject to the same restrictions and exclusions, as set forth in Section 5 (b) pertaining to Interruptions for MTTR. (ii) Network Availability SRCs. If the overall Network Availability measurement is less than the threshold of 99.90% for a calendar month, Verizon will provide a credit equal to twenty percent (20%) of the associated MRC for any individual EVC that did not meet such threshold during such calendar month. 6) Customer Consent: To the extent necessary to measure Verizon s performance under the SLAs set forth herein, Customer consents to Verizon obtaining on Customer s behalf its trouble history with local carriers that provide the portion of the network covered by the SLAsSLA Exclusions. SLAs do not apply to the extent that any of the following reasons prevented Carrier from meeting such SLAs 7) SLA Exclusions. SLAs do not apply to the extent that any of the following reasons prevented Verizon from meeting such SLAs: a) The acts of Customer or other party authorized by Customer to use the Service, including but not limited to Customer s negligence, Customer s refusal to grant Verizon reasonable access to its premises for testing/repair, Customer s refusal to release the Services for testing and/or repair, Customer s maintenance activities or its rearrangement of the Services or where Customer has exceeded the purchased EVC bandwidth; b) Service trouble caused by Customer s CPE or facilities on its side of the demarcation point or any power, equipment, service or systems not provided by Verizon; c) Services that have been in service for less than a month (except for the SLA For On-Time Provisioning); d) Any reason stated in the Section 12 of this Agreement (Delayed Performance or Failure to Perform); e) Scheduled maintenance and downtimes; f) Unavailability of network monitoring or management equipment or reporting; or g) Any other reason outside the control of Verizon. 8) Limitation on SRCs. The combined total of any SRCs applied to Customer s National TLS may not exceed the following: a) For any calendar month, the total SRCs applied to an affected EVC may not exceed twenty percent (20%) of the MRC billed to the Customer for such EVC for that month, even if Customer is eligible for SRCs for an affected EVC under more than one SLA. b) For any calendar year, the total SRCs shall not exceed ten percent (10%) of the total annual revenue of the prior calendar year billed to the Customer for qualifying EVCs, or $200,000 per Customer per National TLS, whichever is less. For any calendar year in which the Customer had less than twelve (12) full months of revenue for qualifying EVCs in the prior calendar year, the SRCs may not exceed $20,000 per Customer for National TLS network. c) To receive an SRC, Customer must request such SRC in writing within thirty (30) calendar days of the end of the SRC monitoring period. The request must include a list of all impacted EVC identification numbers and the type of SRC requested for each EVC. 9) Cancellation and Termination Liabilities. a) Termination Liability applies to EVCs when Customer disconnects Service prior to the expiration of the Service Period. Termination Liability also applies to EVCs when Verizon discontinues Service due to Customer s default under this Agreement.

3 VERIZON SELECT SERVICES INC. Page 3 b) For disconnects prior to the expiration of a one-year Service Period, the termination liability charge shall be one hundred percent (100%) of the applicable MRCs for the unexpired portion of the Service Period. c) For disconnects within the first twelve (12) months of a two- or three-year Service Period, the termination liability charge shall be one hundred percent (100%) of the applicable MRCs for the unexpired portion of the first twelve (12) months and fifty percent (50%) of the applicable MRCs for the number of months remaining in the Service Period. d) For disconnects after the first twelve months of a two- or three-year Service Period, the termination liability charge shall be fifty percent (50%) of the applicable MRCs for the number of months remaining in the Service Period. e) Customer acknowledges that Verizon's actual damages arising from Customer s termination of the Service are impossible to ascertain and that the Termination Liability is a reasonable estimate of same and shall constitute liquidated damages, and not penalties. f) Early termination charges will not be assessed under the following circumstances: (i) (ii) Customer renegotiates a new term commitment for the same Service before the Service Period expires, and the aggregate amount of all MRCs included under the renegotiated Agreement is equal to or greater than the aggregate amount of the MRCs remaining under the expiring Agreement. An Administrative Change Charge will apply if there is no nonrecurring charge (NRC) associated with the new Service Period; Customer upgrades an EVC to a higher speed, provided that each of the following conditions are met. (A) The aggregate amount of all MRCs included under the Agreement for the upgraded EVCs is equal to or greater than the aggregate amount of the MRCs remaining for the existing EVCs; and (B) Both the existing and the upgraded EVCs are provided by Verizon; and (C) The order to terminate existing EVCs and the order for the upgraded EVCs are received by Verizon at the same time and be on the same order. 10) Billing Commencement. The date the Service is made available to Customer by Verizon, or the date specified on Customer s order form, whichever is later, will be the date on which nonrecurring charges and monthly recurring charges will commence. It is the responsibility of Customer to secure all necessary and appropriate facilities and equipment (including any access facilities that may be required) prior to Service commencement. Failure to secure all facilities and equipment (including any access facilities that may be required) shall not delay the commencement of billing for the Service nor relieve Customer of its obligation to pay for the Service hereunder. 11) Percent Interstate Traffic. Customer represents that traffic transmitted between the locations on this network is: (select one) Interstate (10% or more of the traffic is Interstate in nature) Intrastate (less than 10% of the traffic is Interstate in nature) 12) Non-recurring Charges (NRCs). For National TLS, NRCs shall be assessed if the Service Period is one (1) year.

4 d)

5 VERIZON SELECT SERVICES INC. Page 4 13) Rates and Charges. Customer agrees to purchase the following Service at the term(s), prices, and quantities set forth below: a) For each National TLS EVC. Speed Service Period Quantities Monthly Rate Per EVC 4 Mbps 6 Mbps 8 Mbps 10 Mbps 20 Mbps 30 Mbps 40 Mbps 50 Mbps 60 Mbps 70 Mbps 80 Mbps 90 Mbps 100 Mbps 200 Mbps 300 Mbps 400 Mbps 500 Mbps 600 Mbps Total Monthly Rate NRC Install NRC Expedite Total Monthly Charges b) Administrative Change Charge. $ per change. Total Administrative Change Charges