Contract Renewal - MicroIntegration, Inc. - Renew Internet Services

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3.5. Limitation on Remedies. If Customer is entitled to multiple credits under this Bandwidth Service Level Agreement, such credits shall not be cumulative beyond a total of credits for one (1) calendar month in any one (1) calendar month in any event. Microlntegration will not apply a credit under 3A for which Customer received a credit under Section 3.2. Sections 3.1 and 3.2 above state Customers sole and exclusive remedy for any failure by Microlntegration to provide Bandwidth or adequate service levels, including but not limited to any outages or Micro Integration Network congestion. Microintegration's suspension or modification of Bandwidth in accordance with the terms of this Agreement shall not be deemed to be a failure of Microlntegration to provide adequate service levels under this Agreement. In no event shall Customer be entitled to any credit on its Bandwidth charges to the extent that the latency or Downtime is caused by Customer attempting to exceed the maximum bandwidth of Customer's connection to the Microlntegration Network or otherwise violating the terms of this Agreement. 3.6. Exclusions. Customer shall not receive any credits under these Service Level Agreements in connection with any failure or deficiency caused by or associated with any of the following: • Circumstances beyond Micro Integration's reasonable control, defined as Force Majeure in the Agreement. • Customer Premise Equipment ("CPE") is specifically excluded as a component and will not be factored in when determining the SLA. Determination of any failure must be verifiable by our remote independent NOC. service provider. • Customers with a single connection to the Microlntegration Network within a Datacenter Facility. • Failure of local access circuits to the Microlntegration Network, unless such failure is caused solely by Microlntegration. • False SLA breaches reported as a result of outages or errors of any SLA measurement system. • Acts or omissions by Customer, Customer's agents, Customer's contractors, or Customer's vendors, including but not limited to negligence, willful misconduct, breach of Microlntegration's Acceptable Use Guidelines or Anti-SPAM Policy, failure to provide Microlntegration or its agents adequate access to the facilities, or otherwise causing Microlntegration to be unable to meet any of the criteria set out in this SLA. • Scheduled maintenances, emergency maintenances, or necessary network upgrades. • Disconnection by Microlntegration for non-payment or other Customer default or breach under the terms of this Agreement. Page 4 of 5