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CCR2009122-TimeWarner-Agreement2 Service Level Agreement This exhibit contains the Time Warner Cable Road Runner Business Class (RRBC) Service Level Agreement (SLA) and associated Service Level Guarantee (SLG) for network performance criteria and operational measurements for the service provided under the Dedicated Access Service Agreement. This SLA and SLG supercede any directly conflicting terms of that agreement. Network Latency Latency is the time delay experienced between a local computer/device generating a Layer 3 ICMP 64 byte ping message and receiving a response from the targeted remote computer/device. It is normally expressed in milliseconds (thousandths of a second). Latency is measured on a local-metro-divisional basis and regional basis. No SLA is offered for IP packets traversing the public Interent. (Defined as the RRBC Headend router interface connecting to the Tier 1 provider and beyond). For Internet Access, the Time Warner Cable/Road Runner network is an extension of the public Internet. RRBC will measure latency using a standard 64 byte ping from one network device to a second network device in a round trip fashion. The ping test shall be conducted every 5 minutes for 24 hours for an entire month to constitute the measurement period. A month is defined as 30 days times 24 hours for a total of 720 hours. Pinging every five minutes produces 12 pings per hour, 288 pings per day and 8,640 pings per month. Latency will be measured as an average measurement over the month, beginning on the first of each month, to determine the performance of the network based upon the Latency Report issued by RRBC. The SLA will be determined to be non-compliant if there is a period of four (4) consecutive hours or more in a 24 hour period (day) with RRBC measurements exceeding 75ms on average to qualify for non- standard performance. The customer must open a trouble ticket with the CSC in order to qualify for the credits issued for a non-compliant SLA performance. Division Network Latency Division Network Latency is defined as the end-to-end roundtrip period between the customer demarcation point (media converter) connected to the fiber optic local loop to the serving Distribution Hub and either the Tier 1 provider port on the Internet facing router in the Head End or the customer demarcation point (media converter) connected to the fiber optic local loop to the serving Distribution Hub at the other end of the Private Line circuit within the Division. Intra-Regional Network Latency Intra-Regional Network Latency is defined as the end-to-end roundtrip period between the customer demarcation point (media converter) attached to the fiber optic local loop terminating in the local serving Distribution Hub to the Divisional Head End and across the Regional Ring to the destination Head End in the destination Division to the Distribution Hub serving the fiber optic local loop connecting to the customer demarcation point (media converter). Inter-Regional Network Latency Inter-Regional Network Latency is defined as the end-to-end roundtrip period between the customer demarcation point (media converter) attached to the fiber optic local loop terminating in the local serving Distribution Hub to the Divisional Head End and across the Inter- Regional Ring to the destination Head End in the destination Division to the Distribution Hub serving the fiber optic local loop connecting to the customer demarcation point (media converter). Inter-Regional services are not available for this product release. End-to-End Network Availability End-to-End Network Availability is defined as the total number of minutes in a billing month during which a RRBC Ethernet service is available to exchange data between the two Customer end points, or a Customer end point and the router connecting RRBC to the Tier 1 provider, divided by the total number of minutes in a billing month expresses as a percentage. A billing month has 43,200 minutes. End-to-End Network Availability is calculated as the total number of minutes during a calendar month when a specific customer connection and local access arrangements are available to exchange data between two or more customer end points with the same type of service, divided by the total number of minutes for that month. TWC PROPRIETARY & CONFIDENTIAL \\\\\\MC - 68947/0012 - 253816 v8 Total Cumulative Outage Time Per Severity Level MTTR Objective Mean Time To Restore = Total # of Trouble Tickets Per Severity Level Severity 1 - CriticalAverage within 4 - 6 hours End-to-End Network Availability covering Type 1 (On-Net) access is 99.95% that translates to 21.6 minutes per month of down time Severity 2 - MajorAverage within 8 hours outside the maintenance window(s) for Layer 2 Ethernet transport services. Severity 3 - MinorAverage within 24 hours Severity 4 - InformationalNot measured The calculation of End-to-End Network Availability commences after the Customer opens a Trouble Ticket with RRBC Help Desk and is based on the availability of the service during the service monthly billing period in which the Customer opens the Trouble Ticket. Network outages do not include periods of service degradation, such as slow data transmission. Network availability is calculated on reported outages outside the maintenance window(s). Availability will be measured as an average measurement over the month, beginning on the first of each month, to determine the performance of the network based upon the Availability Report issued by the RRBC. The SLA will be determined to be non-compliant if there is a period of four (4) consecutive hours or more in a 24 hour period (day) with RRBC measurements exceeding 99.95% Availability on average to qualify for non-standard performance. The customer must open a trouble ticket with the Help Desk in order to qualify for the credits issued for a non-complient SLA performance. Packet Loss Packet loss describes an error condition in which data packets appear to be transmitted correctly at one end of a connection, but never arrive at the other. Packet Loss is the average ratio of total packets that are sent to those that are received. Ratios are based on packets that are transmitted from a network origination point and received at a network destination point. Packet Loss will be measured as an average measurement over the month, beginning on the first of each month, to determine the performance of the network based upon the Packet Loss Report issued by RRBC. The SLA will be determined to be non-compliant if there is a period of four (4) consecutive hours or more in a 24 hour period (day) with RRBC measurements exceeding 0.1% Packet Loss on average between RRBC Hubs to qualify for non-standard performance. The customer must open a trouble ticket with the RRBC Help Desk in order to qualify for the credits issued for a non-compliant SLA performance. Service Mean Time to Restore (MTTR) The Mean Time To Restore (MTTR) measurement for a service is the average time delay between the time TWC opens a customer trouble ticket (customer notifies TWC) and the time the service is restored. The average is calculated on all trouble tickets with the same severity level. Mean Time To Restore Per Severity Level is calculated as follows: MTTR Components Total number of trouble tickets per severity, total time between opening of trouble tickets and service restoration, and total time excluded per severity level. There are four priority levels of trouble ticket severity (Critical, High, Medium, and Low) assigned to each ticket depending upon the impact of the service issue to the customer's business. TWC PROPRIETARY & CONFIDENTIAL \\\\\\MC - 68947/0012 - 253816 v8 Priority LevelDescription Service is completely unusable or inoperative, causing critical impact on the customer's business. Critical Routine Network Maintenance TWC/RR will perform Routine Network Maintenance for backbone improvements and preventive maintenance. RRBC will provide ten Serious network problems. Network is operating, but at reduced functionality (10) days notice of all routine maintenance to the customer’s designated point of contact. For urgent maintenance, RRBC shall notify the or performance. Customer is impacted, but can continue without grave Major customer as soon as is commercially practical under the circumstances. Loss, damages, or degradation of services incurred by such an consequences. outage will not be applicable for compensation. Non-critical problems that do not significantly impact the core network Routine Network Maintenance Windows operation or the customers business. Includes minor performance Minor degradations. Routine Network Maintenance is performed during TWC standard maintenance windows. Maintenance windows are as follows: Minor service function is inoperative. Monday 00:00:01 – 06:00 Informational Tuesday 00:00:01 – 06:00 Wednesday 00:00:01 – 06:00 Thursday 00:00:01 – 06:00 Friday 00:00:01 – 06:00 If Routine Network Maintenance is necessary during these specified times, affected customers will be notified via email with a "Planned Maintenance Notification". This notification will inform the customer of the exact time, duration and reason for the network maintenance. While the specified window is 6 hours in length, it is rare that a given maintenance would require use of this entire window. Reporting Trouble Tickets Customers may notify the RRBC Help Desk via telephone or email 24 hours a day 365 days a year (utilizing standard operating methods). Prioritization Guidelines Upon opening a trouble ticket, the RRBC Help Desk will initiate and manage problem escalation with a customer's operations center and will coordinate with all appropriate parties for complete fault isolation and remediation. RRBC Help Desk priority levels are presented below. Priority Levels TWC PROPRIETARY & CONFIDENTIAL \\\\\\MC - 68947/0012 - 253816 v8 Service Level Guarantees The following section is a description of Time Warner Cable Road Runner Business Class, RRBC, network performance Service Level Guarantees, SLG, for Dedicated Access. The following table represents monthly average guarantees: SLG Target Network Availability 99.95% Network Latency Not to exceed an average of 75ms Packet Loss 0.1% MTTR (depending on severity) 4 – 8 hours Maintenance Notification Commercially Reasonable Credits Credits will be issued to customers from RRBC who have opened trouble tickets with the Help Desk and are found to have valid claims for a non-compliant SLA. TWC shall credit customer's account an amount equal to the monthly recurring charge ("MRC") pro-rated for the length of time that trouble ticket is not resolved for the service outage at a particular customer site. Maximum Credits Customer may accumulate SLG credits; however, total credits in any one calendar month may never exceed the monthly recurring charge for that month. The amount of credits per customer per calendar year is limited to an aggregate of four (4) months of customer's monthly recurring charges. TWC PROPRIETARY & CONFIDENTIAL \\\\\\MC - 68947/0012 - 253816 v8