The following shall constitute the service level support standards for Axio Networks, LLC’s provision of the Services to Customer throughout the term of the Agreement, including any extensions or renewals there of:

1. Network Availability Objective:

1.1 During the term of the Agreement, the Services shall be available to Customer at least 99.99% of the time. Availability is calculated by diving the average number of minutes that the Service is individually available at the respective Property by the total number of minutes in the respective calendar month and multiplying that number by one hundred (100). Availability shall mean that Customer is able to receive the Service and/or transmit data over such Service.

1.2 Specifically excluded from the Service availability calculation are regularly scheduled maintenance windows and ad hoc maintenance windows scheduled by Axio Networks, LLC, provided, that Axio Networks, LLC provides Customer with at least twenty-four (24) hours’ notice of such maintenance in advance, and provided that such maintenance window shall not exceed two (2) hours per month without Customer’s prior written approval, not to be unreasonably withheld or delayed. All maintenance work must be performed during off-peak hours.

2. Latency Objectives: For Dedicated Internet Access Services and Ethernet Private Lane services between Axio Networks, LLC Metro Areas, the Axio Networks, LLC IP backbone network shall have an average one-way packet transit time within the Axio Networks, LLC IP backbone network of no more than 25ms. One-way packet transit time shall be measured as half of the round-trip packet transit time. If this objective is not satisfied during a calendar month, Customer shall be entitled to a credit equal to onethirtieth (1/30) of the MRC for each full 1ms exceeding the 25ms average; provided, however, that the credit amount shall not exceed the total MRC for such month.

3 Packet Loss Objective: The Axio Networks, LLC IP backbone network shall have an average packet loss for transport within Axio Networks, LLC IP backbone of no more than one percent (1%). If this objective is not satisfied during a calendar month, Customer shall be entitled to a credit equal to onethirtieth (1/30) of the MRC for each full percentage point above that one percent average maximum; provided, however, that the credit amount shall not exceed the total MRC for such month.

4. Network Jitter Objective: The Axio Networks, LLC IP backbone network shall not exceed a maximum average network jitter delay of more than 20ms during any calendar month. If this objective is not satisfied during a calendar month, Customer shall be entitled to a credit equal to one-thirtieth (1/30) of the MRC for each full percentage point above that one percent average maximum; provided, however, that the credit amount shall not exceed the total MRC for such month.

5. Trouble Reports Timely Cured: Trouble Report means any formal report of defects in performance of the Services made by Customer relating to the Services of the System, but excluding defects in resident or Subscriber equipment (“Trouble Report”). The percentage of Trouble Reports cured timely is related to the number of Trouble Reports resolve within the following windows:

5.1 Axio Networks, LLC will make its best commercially reasonable effort to cure the issue addressed in the Trouble Report within twenty-four (24) hours after receipt of the Trouble Report.

5.2 The percentage of Trouble Reports cured timely is calculated by dividing the total number of Trouble Reports within a month that are cured by Axio Networks, LLC within the windows set forth above by the total number of Trouble Reports received by Axio Networks, LLC in such month, and multiplying that number by one hundred (100).

5.3 Axio Networks, LLC shall achieve at least ninety-five percent (95%) Trouble Reports cured timely per calendar month, with a mean time of repair (MTTR) of less than four (4) hours for any Trouble Reports which result in a service outage.

6.1 Credits shall not be issued for circumstances:

(a) Caused by negligence, acts, or omissions of Customer and/or its End Users or its agents;

(b) Due to failure of power at Customer’s or Customer’s End User’s location;

(c) The failure or malfunction of non-Axio Networks, LLC leased equipment or systems;

(d) Circumstances or causes beyond the control of Axio Networks, LLC or its agents;

(e) During any period in which Axio Networks, LLC is not given access to the Service Premises;

(f) “Off-Net” Services; or

(g) “Unprotected” Services.

6.2 For purposes of this Agreement “On-Net” Services are those services that solely utilize Axio Networks, LLC’s network and equipment. “Off-Net” Services are those services that utilize the network of both Axio Networks, LLC and a provider of Axio Networks, LLC’s or Customer’s choice. “Protected” Services are those services that have been designated by Axio Networks, LLC as having full redundancy of route, facilities and power and have card protection (i.e., diversely routed facilities, power back-up and card protection). “Unprotected” Services are those services designated by Axio Networks, LLC that are not fully redundant in route and/or power or do not have card protection (i.e. flatly routed facilities without power backup or card protection).

6.3 6.3 The provisions of this SLA shall apply only to On-Net services and performance statistics are calculated when Axio Networks, LLC is notified by Customer through the submission of a Trouble Report to Axio Networks, LLCs Network Operations Center (“NOC”) or when Axio Networks, LLC becomes aware of the issue, whichever occurs first.