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transmission. Periods of Excused Outage are not included in the Availability metric. WAVE does not monitor the use or <br /> availability of dark fiber Services,thus any Outage must be reported to the WAVE NOC by Customer. <br /> "Chronic Outage"means a series of three(3)or more Service Outages affecting the same Service on the path during a given <br /> calendar month,each of which has an actual time to restore'TTR"in excess of WAVE's targeted MTTR. <br /> "Emergency Maintenance" means WAVE's efforts to correct conditions on the WAVE Network that are likely to cause a <br /> material disruption to or outage in Services provided by WAVE and which require immediate action. Emergency <br /> Maintenance may degrade the quality of the Services provided to Customer,including possible outages. Any such outages <br /> are Excused Outages that will not entitle Customer to credits under this SLA. WAVE may undertake Emergency <br /> Maintenance at any time WAVE deems necessary and will provide Customer with notice of such Emergency Maintenance as <br /> soon as commercially practicable under the circumstances. <br /> "Excused Outage" means any disruption to or unavailability of Services caused by or due to (i)Scheduled Maintenance, <br /> (ii)Emergency Maintenance, or (iii)circumstances beyond WAVE's reasonable control, such as, by way of example only, <br /> Force Majeure,acts or omissions of Customer or Customer's agents,licensees or end users,electrical outages not caused by <br /> WAVE, or any failure, unavailability,interruption or delay of third-party telecommunications network components the use <br /> of which are reasonably necessary for WAVE's delivery of the Services to Customer. <br /> "Mean Time to Restore"or"MTTR"means the average time required to restore the Service(s)to a normally operating state <br /> in the event of an Outage. MTTR is calculated on a pathf route basis, as a monthly average of the time it takes WAVE to <br /> repair all Service Outages on the specific path/route. MTTR is measured from the time Customer opens an Outage related <br /> Trouble Ticket is with the WAVE NOC until the time the Service is again Available. The cumulative length of Service Outages <br /> per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit: <br /> MTTR in Firs = Cumulative Length of Service Outages Per Month Per Circuit <br /> (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit <br /> Periods of Excused Outage are not included in MTTR metrics. <br /> "Outage" means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused <br /> Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage-related <br /> Trouble Ticket is opened by the Customer and ends when the connection is restored,as measured by WAVE. Unavailability <br /> does not include periods of Service degradation,such as slow data transmission. <br /> "Scheduled Maintenance" means any maintenance of the portion of the WAVE Network to which Customer's router is <br /> connected that is performed during a standard maintenance window (1:00AM —5:00AM Pacific Time). Customer will be <br /> notified via email at least seven(7)days in advance of any scheduled maintenance that is likely to affect Customer's Service. <br /> "Trouble Ticket" means a trouble ticket generated through the WAVE NOC upon notification of a Service-related problem. <br /> In order for Customer to be eligible for credits or remedies under this SLA,Customer must contact the WAVE NOC and open <br /> a Trouble Ticket regarding the problem. <br /> "WAVE Network" means all equipment,facilities and infrastructure that WAVE uses to provide Services to Customer, and <br /> includes Customer's access port. The "WAVE Network" does not include Customer owned or leased equipment (unless <br /> leased from WAVE),or any portion of Customer's local area network after the demarcation point for the Services provided <br /> by WAVE. <br /> "WAVE's Network Operations Center" or "WAVE's NOC" means WAVE's network operations center which is staffed <br /> 24x7x365 and can be reached at: 888-317-0488. <br /> Exhibit B: Service Level Agreement for Ultra High Availability Dark Fiber Services pg.2 <br /> Wave Business Solutions,LLC Updated: 10/13/2014 <br />