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"Partial Failure" - partial loss of IP connectivity in which the verifiable and sustained <br />loss is greater than 50% of the minimum capacity as provided by Microlntegration's <br />Bandwidth services to the Customer premise, or packet loss in excess of one half <br />percent (0.5%) ("Excess Packet Loss") or transmission latency ("Latency") based on <br />Microlntegration's measurements in excess of 3 milliseconds from a Microlntegration <br />router to any of Microlntegration's transit carriers. <br />2. SERVICE -SPECIFIC CHARGES AND SERVICE TYPES <br />2.1 General Connectivity. Subject to the terms and conditions contained herein, <br />microlntegration will provide to Customer connectivity of its equipment to the micro Integration <br />Network to enable the transfer of Bandwidth on terms (including commencement date) <br />specified in an Order Form. <br />2.2 Billing for Bandwidth. Billing for Bandwidth is performed on a calendar -month basis. Any <br />bandwidth used on a partial -month basis shall be subject to the 95th percentile calculations of <br />the full calendar month. Billing for Bandwidth usage will follow the "95th percentile" rule: <br />Usage samples will be collected and sorted from highest to lowest and the top 5% discarded in <br />any given calendar month. The next highest sample (the 95th percentile number) will then be <br />used as the basis in computing the charge for the month for incremental Bandwidth beyond the <br />committed level. Charges for Burst Bandwidth will be billed after the end of the month. <br />2.3 Per -gigabyte billing for Bandwidth. Per -gigabyte billing for Bandwidth may be offered to <br />Customer at microlntegration's sole discretion. Billing for per -gigabyte Bandwidth usage is <br />performed on a calendar -month basis. Overage charges for Burst Bandwidth, if not specified in <br />an Order Form, will be billed at microlntegration's published rate on the microlntegration <br />Website. Bandwidth usage for per -gigabyte billing shall be based on actual port usage in any <br />given calendar month, as measured by port counters, in one gigabyte (1,073,741,824 byte) <br />increments. <br />2.4 Fixed MBps billing for Bandwidth. Fixed MBps billing for Bandwidth is the default <br />offering and may be offered to Customer at microlntegration's sole discretion. Billing for fixed <br />MBps Bandwidth usage is performed on a calendar -month basis. Due to the nature of fixed <br />MBps billing, there are no overages. Fixed MBps billing for Bandwidth shall be based on actual <br />assigned fixed MBps and is typically offered in 10, 20, 50, and 100Mbps increments. <br />2.5 Other Networks. Customer is responsible for paying any fees, obtaining any required <br />approvals and complying with any laws or usage policies applicable to transmitting data beyond <br />the microlntegration Network and/or through other public and private networks. <br />Micro lntegration is not responsible or liable for performance or non-performance of such <br />networks or their inter -connection points. <br />3. SERVICE LEVEL AGREEMENT <br />Microlntegration will use commercially reasonable efforts to minimize Excess Packet Loss and <br />Latency and to avoid Downtime, and provides performance guarantees as detailed below. This <br />Bandwidth SLA (which is composed of Network Availability, Network Delay and Reporting Level <br />Goals), will also include all network equipment up to, but not including, the first Customer <br />device which is connected to a Microlntegration bandwidth services device. Determination of a <br />Partial Failure or 100% Failure must be verifiable by the remote independent NOC service <br />provider which is tasked with all Network and IP Bandwidth monitoring and reporting as <br />verified by the Customer, Notification to Microlntegration must be via phone (574.256.6777) or <br />Email (mihelpdesk@microintegration.net). <br />Page 2of5 <br />