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5.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100%of the MRC <br /> for the affected dark fiber path and Service. Credits shall not be cumulative with respect to any given incident; instead, if <br /> multiple SLAB are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. <br /> This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is <br /> caused by or due to any of the following: (i)The acts or omissions of Customer, its agents, employees, contractors, or <br /> Customer's end users, or other persons authorized by Customer to access, use or modify the Services or the equipment <br /> used to provide the Services,including Customer's use of the Service in an unauthorized or unlawful manner;(ii)The failure <br /> of or refusal by Customer to reasonably cooperate with WAVE in diagnosing and troubleshooting problems with the <br /> Services,including the unavailability of required Customer personnel due to Customer's failure to keep WAVE provided with <br /> current and accurate contact information for such personnel; (iii)Scheduled Service alteration, maintenance or <br /> implementation; (iv)The failure or malfunction of network equipment or facilities not owned or controlled by WAVE or <br /> WAVE'S Affilliates;(v) Force majeure events;(vi)WAVE's inability(due to no fault of WAVE)to access facilities or equipment <br /> as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii)Customer's failure to <br /> release the Service for testing or repair and continuing to use the Service on an impaired basis; (viii)WAVE'S termination of <br /> the Service for cause,or as otherwise authorized by the MSA; (ix) Improper or inaccurate network specifications provided <br /> by Customer;(x)Interruptions resulting from incorrect,incomplete or inaccurate Service orders from Customer;(xi)Special <br /> configurations of the standard Service that have been mutually agreed to by Customer and WAVE,unless a separate Service <br /> Level Agreement for the special configuration has been established with the Service Order; or (xii)WAVE's inability to <br /> deliver Service by the Customer's desired due date. <br /> Exhibit B: Service Level Agreement for Ultra High Availability Dark Fiber Services pg.4 <br /> Wave Business Solutions,LLC Updated: 10/13/2014 <br />