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INIFPNE7 ( WICE ( TREVIKYON I ETHERNET I CLOUD TIME WARNER CABLE <br />Business Class <br />DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT.) <br />IX. Remedies <br />Service Credits: <br />If the actual performance of an On-Net Service during any calendarnnonth is less than the SLATargets, and Customer has complied with the requirements <br />in this SLA, then Customer may request creditlst equal to the pa« ;entage(s1 of the monIdy5ervice Charges for only the Af mcmd Service as set forth .n the <br />table below Any credits will be applied as an of [set against any amounts due It Customer to TtNC_ All credits must be lit requested by the Customer <br />within 30 days of a Service Disruption or Service Degradation by calling the Customer Care Center and opening a trouble ticket, and (if) confirmed by <br />PNCK engineering support teams as associatedwith a trouble ticket and as failing to meet the applicable SLA Targets <br />SERVICE AVAILABILITY I MEAN TIME TO RESTORE LATENCY/FRAME JITTER / FRAME PACKET LOSS / <br />(" MTTR ") DELAY (ROUNDTRIP) DELAY VARIATION FRAME LOSS <br />r <br />Except as set forth belmv, the credits described in this SLA shall constitute Customer ssole and esct rstve remedy and 'rv'r1C "s stria and exclusive liability, <br />wnh respect to I WC's failure to meet any SLA Targets. All SLA Targets are monthly measurements and Customer may request only one credit per SLA <br />'target per month up to a maximum of a0% of the monthly Service Charges for [lie Affected Slo W.C. Cestnrler sun] not be eligible forcredrts excesdii in <br />tutorial months of Customer's applicable monthly Service Charges during any catendaryear <br />Chronic Priority 1 Outages: <br />b Customer expenenees and reports three (3) separate Priority 1 Outages where the Downtimrt exceeds four (a) hours during each Priority i Outage within <br />three 13) consecutive calendar tronths, then Customer may terminate the Affected Service without charge or liability by providing it least thirty (301 clays <br />written norire to TWC, provided, However, that I) Customer fray only lei tnitiate the Affected Service, (it) Customer must exercise its right to terminate <br />the Affected Service by providing written notice to TWC rvithin thirty (30) days after opi event givinr use to Customer's termination right, bin Custcmr r <br />shelf have paid TWC all amounts due at the time of such termination for all Set vi(:os provided by TVJC purruant to the Agreement, and (iv) the for <br />nomination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of TWC for chronic Notify 1 Outages and <br />Customer shall not be eligfole Iar any aaditinnal credits. Ter-nmatlon will be effective forty-five 15) days after TW(, s= eceipt of such written notice <br />of termination <br />25B -9 <br />