Provider Reference Infrastructure Sharing Offer ______________________________________________________________________ Infrastructure Provider will notify the Infrastructure Seeker by telephone and the Infrastructure Seeker will confirm that the affected Service has been restored. Additional time taken by the Infrastructure Seeker to perform confirmation testing is not included in the measured unavailable time if the Service is in fact restored. The Infrastructure Seeker acknowledges that Infrastructure Provider does not monitor use of the Dark Fibers and that the Infrastructure Seeker is responsible to notify Infrastructure Provider of any Outages or other service issues. Mean Time to Repair (“MTTR”) is defined as the total network outage time for the Infrastructure Seeker‟s trouble tickets in a measured year divided by the number of tickets. The target MTTR is eight (8) hours following receipt of a Service Call from the Infrastructure Seeker. If an Outage occurs for any of the Dark Fibers then the Infrastructure Seeker shall be entitled to the following credit in respect of the affected Dark Fibers only: Measured Unavailable Time Following Receipt of a Service Call from the Infrastructure Seeker 0 minutes to 8 hours >8 hours to 24 hours >24 hours to 48 hours >48 hours Credit No credit 1 day credit 1 week credit 1 month credit In order to receive the foregoing credit, the Infrastructure Seeker must notify Infrastructure Provider of its claim for a credit within thirty (30) days of the Outage for which a credit is claimed. Service Level Exemptions for Dark Fiber Service Degradation in the performance of the Dark Fibers and unavailable time shall not be included for the purposes of determining whether the Dark Fibers meet the Minimum Service Level, or for calculating measured unavailable time if such degradation or unavailable time arises from: (i) Scheduled Maintenance or other service interruptions agreed to by the Infrastructure Seeker for the purpose of allowing Infrastructure Provider to upgrade, change, implement an order, maintain, or repair the Dark Fibers; (ii) directly or indirectly as the result of the acts or omissions of the Infrastructure Seeker, any person for whom the Infrastructure Seeker is legally responsible, or any person using the Dark Fibers; (iii) failure of equipment or systems not provided, or under the control or direction of Infrastructure Provider including equipment or systems Infrastructure Provider may obtain or contract for at the request of the Infrastructure Seeker (and, in the event of a degradation in the Dark Fibers below the Minimum Service Level or an Outage occurring as the result of such circumstances Infrastructure Provider will co-ordinate with the Provider to remedy such failure as quickly as possible); (iv) any failure by the Infrastructure Seeker to afford access to any location for which the Infrastructure Seeker is responsible, or to any facilities of Infrastructure Provider for the purpose of investigating and correcting a degradation in the Dark Fibers or an Outage; and (v) any event that falls under the category of force majeur. DATE Page 4