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<br />Network Serviccs SLA North America Off Net (Ver. June 05) <br /> <br />CO:;; Cogent Communications, Inc. 2004 <br /> <br />Service Credits for al] failures to meet Guarantees occurring in a given month may not exceed the total Month]y Recurring charge actually paid by <br />Customer for Service during that month. Service Credits will be credited against a Customer's mOl1lh]y payment for Monthly Recurring Charges and <br />may not be received in the form of a refund. <br />The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its CSA with <br />COGEI'-iT, and the failure of Customer to comply with those terms and conditions may invalidate COGENT's guarantees provided herein. No credit <br />is avai]able for a Customer (a) that is blocking COGENT from monitoring Customer's premises router; (b) that does not provide the necessary access <br />to personnel and facilities at the Customer's premises to enable COGENT to perform comprehensive troubleshooting; or (c) whosc account is not in <br />good financial standing with COGENT. COGENT is not liable for failure to fu]fill its obligations hereunder ifsuch failure is due to Customer's use <br />of bandwidth in excess of the amount specified in Customer's CSA, Customer's tampering with any equipment, or acts beyond COGEI'-iT's <br />reasonable control, such as Force MaJeure <br /> <br />All changes to the SLA must be approved in writing by COGENT's legal department and COGEI'-iT's Vice-President of Sales. <br /> <br />******************************* <br /> <br />Cogent Communications, Inc. <br />1015 )]" 51., I'\.W. Washington, DC 20007 <br />ilillpgrVmCOl!cntcQ,com <br />202.295.4200 <br /> <br />W\Vw_cogcntco.com <br /> <br />Page) of3 <br />Cogent Communications, Inc. 1015 )]" St., N.W., Washington, D.C., 20007 202-295-4200 \\iWw,c.pi!:enlco.ci1i!l <br /> <br />