Service Solicited - 2018 - ZAYO Group - Zayo Service Schedule Ethernet & IP ServicesSERVICE SCHEDULE
ETHERNET & IP SERVICES
This Eth ernet and IP Services Schedule ("Service Schedule") dated April 14 ,20 15 , is subject to, and made a pa rt of, that Master
Services Agreemen t ("MSA") dated April 14 , 20 15 entere d into between the undersign ed Parties. layo owns and operates
tele co mmuni cations facilities and is in the bu si ness of providing certain Ethernet services ("Ethernet Services ") a nd Internet access
serv ices ("IP Services"). Capitalized terms not defined herein will ha ve the meaning ascribed to them in th e MSA.
1 . DEFINITIONS. The following additional definition s shall apply to Ethernet and IP Services:
1.1 95th Percentile Calculation -th e ca lcu lati on method us ed to measure Bandwidth usage fo r Service Orders which specify
Burst Bandwidth . Samples of average Bandwidth utilization rates of both inbound and outbound traffic from Customer
port(s) are co llected in five (5) minut e intervals over a calendar month. The higher of such sa mples (In bound or Outbound)
are placed on a li st and sorted from high es t to lowest in amount of Mbps. The high est fi ve percent (5%) of samp les are
disc arde d and the next highest samp le is chosen to represen t the 95th percentile calculation fo r that month.
1.2 Allocated MRC means , for a multipoint Service , a portion of a Monthly Re curr ing Charge allocated by Service and l or each
Custom er locatio n as specified on a Service Order, and if not so specified in a Service Order th en prora ted based on the
num ber of loca ti o n associated with the Service. Th e Term of a ny Service Order with a multipoint Service s hall beg in when
the last Service to a Customer Locat ion has bee n del ive red.
1.3 Bandwidth -the amount of data (quantified as Mbps ("M") or Gbps ("G ")) made available to Custom er as specifie d in a
Service Order, o r in the event of usage based bi lt ing, the amount of data actually tran sm itted by Cus tomer's Equipm e nt.
1.4 Bandwidth Commitment -the Customer 's com mitm ent , in a given month to pay for a certain leve l of Bandwidth .
Customer agrees to pay the MRC specified on th e Service Order as a min imum monthly charge regardless of actual
usage . A Bandwidth Commitment must be speci fi ed on a Service Order to be app li cab le.
1.5 Burst Bandwidth -the amount of Bandwidth usage , based on the 95 1h Percentile Ca lcul ati on, in excess of a Bandwidth
Commitment. Any usage in excess of the Bandwidth Commitment will incur additional MRC based on the 95 1h Percentile
Calculation. Burst Bandwidth must be spe cified on a Service Order to be applicable.
1.6 Dedicated Service -refers to reserved bandwidth over layo's shared net wo rk without overs ubsc ription . Customer will
always have their contracted bandwidth rate available end-to-end.
1 .7 Intercity re fe rs to an Eth ernet Service or IP Service between two or more different me tr opo lit an service areas over Zaya's
lo nghaul network.
1.8 Latency is the one-way delay of packets between designated pairs of core routers . The Service Le ve l Objective for
Latency in Section 7 is app li cable to packe ts that tra ve rs e a single network and are "in-profile " (co nform to the pertormance
attributes of the Serv ice).
1.9 Metro refers to an Ethernet Service or IP Service between two or more locations wi thin the same metropolitan service
area .
1.1 0 NNI (Network-to-Network Int ertace) is the physi ca l intertace used to interconne ct to layo's network. It provides the point of
demarcation between the layo and Customer networks .
1.11 Off-Net is any Service which does not meet the def inition of On-Net in Section 1.12 .
1.12 On-Net is any Service which connects two lo ca tions to which layo is already providing th e sa me type of Service at the
time of th e Service Order and which is provisioned entirely on layo facilities and doe s not inc lud e any Third Party Services
(as defined her ein ) or special construction.
1.13 Packet Loss is the percentage of packets th at we re not se nt and received successfully betwee n designated pairs of cor e
routers across layo's netwo rk . The Service Leve l Objective for Packet Loss in Sec tio n 7 is applicable to packets that
traverse a single network and are "in-profile" (conform to the pertormance attributes of the Service).
1 .14 Point of Demarcation is the NNI and l or UNI intertace port where layo hands off service t o Customer exce pt as otherwise
specified on a Service Order.
Ethernet and IP Services Sc hedule (Ve r. 8.29.2014)
Confid entia l and Proprietary
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1.15 Protected Service is a n Ethernet or IP Service which includes a protection scheme that all ows tr affic to be rerouted in the
event of a fib e r cut or equipment failure. For a Service to be deemed a Protected Service here under, the Servic e Order for
such Service shall speci fically state that such Service is a Prot ected Service.
1.16 Standard Service (as compared to Dedicated Service) refers to non-reserved bandwidth over layo's shared net work with
so me oversubsc ription . Customer's co ntracted bandwidth rate is not assured e nd-la-end in th e event of network
congestion.
1.17 UNI· the User Network Interlace is the interlace used to int erconnect a customer to layo's network. Th e UNI also provides
a relerence point for demarcation between layo's and Customer's networks. layo is responsible for service up to the UNI
point , which is the default Point of Demarcation.
1.18 Unprotected Service is an Ethern et or IP Service which does not in c ludes a protection scheme that allows traffic to be
rerouted in the event of a fiber cut or equipment failure . Any Service not expressly designated as a Prot ec ted Service on
the appli cab le Service Order shall be deemed an Unprotected Service.
1.19 VLAN -Virtual Local Area Network, a network configuration that allows a group of hosts to co mmunicate as if they were
a ttach ed to th e sam e wire , regardless of their ph ys ica l locat ion configured us ing the IEEE 802 .10 standard .
2 . ACCEPTABLE USE POLICY. A ll Services shall be subj ect to and co nditio ned upo n layo's Accep tabl e Use Poli cy pub lished at
www.zayo.co m. (th e "Website") and a re hereby incorporated into the Agreement.
3. ETHERNET SERVICE DESCRIPTION . layo Ethernet Services provide dedi cated or shared connect ivity for transport of voice,
data , vid eo or other forms of communications traffi c. Eth ern et Service suppo rts transmission speeds from 10Mbps up to 10Gbps.
Ethernet Service terminates at the NNI or UNI port(s) typically located in a Customer's common telecomm unication s facility or
meet-me pOint , and meet IEEE 802.3 s tandard s and use 802.10 VLAN tagging and stacking to support ce rt ai n con figurations . In
general , th e service is based on terminol ogy and attributes defined and used by the Metro Ethernet Forum (MEF). Ethernet
Service generally follows the MEF definition of EPL and EVPL network co nfigurations and ca n be specified on any Service Order
in any of the following configurations:
3.1 Ethernet Service Configurations:
a) E-LlNE: an Ethernet private line ("EPL") Metro or Intercity service comprised of a UNI a t each Customer site connected
via a n Ethernet vi rtual circuit ("EVC") prov id ing point-to-point Ethernet transport services or an Ethernet virtual private
line ("EVPL") service comprised of an aggregation UNI or NNI at o ne site co nn ecting multiple UN Is w hic h serves to
aggregate multiple Customer locations to a centra l hub lo cat ion in a point to multipoint configuration .
b) E-LAN: a meshed Metro or Interc ity service c omprised of a UNI at each of three o r more Cust omer sites providing
multipoi nt-to-multipoin t Ethern et tran sport between three o r more Customer loc a ti ons. An ELAN Service ca n support
unicast traffic and up to 10Mbps of multicast or broadc ast traffic. ELAN can be ordered with a "B andwi dth Commitment
-Aggregate " o r as a "Bandwidth Co mmitment -Site Specific". In an aggregate bandw idth configuration wi th mu lti pl e
1 OGbps port s, layo may limit the traffi c between any two Customer loca tions to the aggregate bandwidth divided by the
number of Customer locations if traffic in excess of such ratio causes detrimental impacts to Za ya's network.
c) E-PDN: Ethernet Private Dedicated Network connectivity to two or more Customer UNls across a com pletely private
managed network over dedicated fiber s trands and dedicated layo equipment on all ends. Available in point-to-point,
point-to-multipoint, ring, or multipoint-to-multip oint configurations.
3.2 Optional Ethernet Features:
a) Ouality of Service ("005"): OoS e nables Cus tomer to prio ritize traffic from multiple applications that may compete for
the same network reso urces within th e Ethernet Service on the Zaya network. By assigning pre-determined le vels of
network priority to bandwi dth , Customer ca n ac hi eve a more predi ctab le tra ff ic flo w across th e layo network. A OoS
option is available for Metro or Int erc ity Ethernet Service.
layo off e rs th e following c lasses of OoS ranging fro m highest to lowest network priorit y ("005 Class(es)"):
1. Critical
2. Preferred
3. Enhanced
4. Basic
Ethernet and IP Services Schedule (Ver. 8.29 .2014)
Confidential and Proprietary
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Metro Oo S -is ordered as eith er "on" (enabled) or "off " (disabled). If Cus tomer selects a OoS enab led option, the sa me
will be designated on a Serv ice Order . Cus tomer will then be respons ibl e for desig nating its tr affic accord ing to th e OoS
Classes . If the Service Orde r does not speci fy a OoS enabled opt ion, Custome r's traffic will be treated with as "Bas ic" in
terms of OoS Classes. If the Service Order spec if ies a OoS enabl ed option , Customer's traff ic wi ll be treated_as "Criti ca l"
in terms of OoS Classes.
Intercity OoS -is orde red by designating a separate Bandwidth Co mmitm ent to a OoS Class across a ll the ports in the
Ethernet Service in a Service Order. Int erc ity OoS Bandwidth Commitments of different OoS Classes cannot be
agg rega t ed and as suc h, any Intercity OoS Bandwidth sen t or received through a port in excess of the associated
Bandwidth Co mmitments will be reprioritized as Basic.
b) Additional Features: Ethernet Serv ices may also a ll ow Cust ome r to utilize th e Burst Bandwidth featu re or to la yer on
DIA IP Serv ice Co nfigurati ons. Any such fe atures must be designa ted on a Serv ice Order.
4. tP SERVICE DESCRIPTION . IP Serv ices include standa rd and Burstable IP services which provide dedicated co nn ectivity and
access to the publ ic Internet via Zaya 's T ier 1 peering arrangeme nt s with vario us Internet network providers. IP services are
provided over its high ca pac ity , globa ll y interconnected network with a single autonomous system . I P Service is ava ilable as
multiservice IP Ports up to 10Gbps bandwidth. IP Service p rov ides internet con nections fr om a layo point of presence or Data
Center/Collocation facil ity to one or more On-Net customer locations with in a metropolitan area . IP Serv ice can be speci fi ed on
a Serv ice Ord er in an y of th e following conf igura tions:
4.1 IP Service Configurations
a) IP Transit: provides multiservice ports availab le only in designa ted layo IP Points of Presence ("POP(s)"). Avai lable
only as either 1 G and /or lOG ports , Minimum 1 G commit for a l OG port, Cus tomer provides cross-connect wit hin POP .
b) Dedicated Internet Access ("DIA "): Th e default co nfiguration is fiber exte ns ion and secondary co nfiguration is
Eth ernet access, or SONET access, other dark fiber o r lit serv ice configuration, as ava ilabl e.
c) IPVPN: IP for Virtual Private Networks . Layer 3 VPN service leve raging Zayo's IP network. Genera ll y th ese serv ices
involve cus tom conf iguration s driven by cus tomer so luti on requirements.
4.2 OptionallP Features :
a) Quality of Service . OoS is only available for Int erc it y IP VPN Serv ice Configurati o ns . Intercity OoS enabl es Cus tom er
to differentiate traffic with in the IPVPN Service and on the layo network by ass ig ning Band widt h wit h in th e OoS
Classes . Inte rci ty OoS is o rd ered by des i gna tin g a separa te Bandw idth Com mitm ent to a OoS Class across all th e ports
in the IPVPN Serv ice in a Service Order . In tercity OoS Bandwidth Co mmitm en ts of different OoS Cla sses cannot be
aggregated and as such, any Intercity OoS Bandwidth sen t or received through a port in excess of the associated
Bandwidth Com mi tments wi ll be reprioritized as Basi c Ba nd widt h.
b) Additional Features: Customer may request related services such as additionallP addresses, aggregated billing , Burst
Bandwidth , primary and secondary DNS, or BGP .
5. EQUIPMENT AND INSTALLATION.
5.1 Zayo Equipment. layo, or its agent, may provide , in stall , maintain , repair, ope rat e and con t rol layo's eq uipm ent ("Zayo
Equipment"). layo's Equi pmen t shall remain the sa le and exc lu s ive property of layo, and noth ing con tained herein shall
give or convey to Cust omer , or any oth er person , any right , title or interest whatsoever in layo's Equipment,
notwithstanding that it may be, or beco me, att ac hed to, or embedded in , realty. Cus tomer shall not tamper with , remove or
conc eal any identifying plates , tags or labels id ent ifyi ng layo's owners hip inte rest in layo's Equipment. Customer sha ll not
ad ju st , align, att empt to repair , reloca te or remo ve layo's Equipment , except as express ly auth orized in writing by layo.
Cus tomer shall be liable fo r any loss of or damage to layo's Equipment ca used by Cus tom e r's negligence , in tent ion al acts ,
or unau th orized maintenance and sha ll reimburse layo for the same, wit hi n thirt y (30) days after rece ipt by Custo mer of a
reques t for re imburse ment. Cus tomer at its sale cos t and expense shall be required to obtain space and power to suppo rt
layo Equipment for th e Service fo r the duration of the Se rv ice Term.
5.2 Access and Customer Premises Obligations . Customer, at it s sa le cost and expense, shall pro vide Zaya with access to
a ll Customer locations for purposes of installation , ma in tenance , and repair of Zaya Equ ipment on Customer premises. For
purposes of the preceding sentence , "access " sha ll include withou t limitation any necessary license(s) to access the
bui ldin g and o r property for the duration of the Service Term. Howeve r, notwithstanding Customer's responsibility , if layo
is required by a third party to obta in and maintain any suc h li ce nse to access th e building or property, Cust omer agrees to
Ethernet and IP S ervic es Schedu le (Ver. 8.29 .20 14)
Confidentia l and Proprietary
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reimburse layo for its cos ts re lated to obta ining and maintaining suc h li censes during the Service T erm. layo sha ll provi de
reasonable notice under the circu ms tances to Custo me r prior to en tering Custo me r's pOint of presence to in sta ll , mai nt ai n
o r repair an y of t he layo Equ ipme nt. Custome r will provid e a sa fe place to wo rk a nd comp ly wit h all applicab le laws
regardi n g the work ing co nditions on the Customer p remises.
5.3 Customer Equipment. Cus tome r is responsible, at its so le cost and expe nse, for con necting to the Point of Demarcation
specifie d in the Serv ic e Order. Equipment and service beyond the Po int of Demarcation and/or interconnection between
layo's facilities and terminal equipm ent and th e wiring at the Point of Dem arca ti on sha ll be th e responsibility of Cus tom er
("Customer Equipment"). C ust ome r must procure and maintain, at its so le cos t and expense, Cus tome r Equipm ent which
is t ec hnically compatible with th e Service a nd the layo netwo rk . layo shall ha ve no ob li ga ti on to in sta ll , maintain or rep a ir
any non-layo Equipment, including any Cus tom er Equipment. If, on responding to a C ustomer initi a ted service call, layo
reasonably determines that th e ca use of th e serv ice deficiency was a failure , ma lfun ction o r the inadequacy of eq uipm e nt
ot her than layo's Equipment , Customer s hall co mpensate layo for actual time and materials expended during th e service
cal l.
6 . SERVICE REQUESTS AND DELIVERY.
6.1 Acceptance and Projected Service Activation Date . Wit hin fi ve (5) business days of layo's acknowledg ment o f a
Service Order for On-Net Servic es, or with in two (2) busi ness days after layo's rece ip t of it s Off-Ne t p rov id er's projected
service ac t ivati o n dat e for Off-N et Services , layo will notify Custome r (i n wr iting or elec tro ni cally) of its accep tan ce o f the
Service Ord er ("Service Order Acceptance"). Za yo may accep t o r reject any submitted Service Order in its sol e
discretion .
6.2 Firm Order Commitment Date . Wit hin five (5) bu si ness days of Serv ice Order Acceptance for On-Ne t Services, layo
shall notif y Customer of the Firm Orde r Commitment date by whic h Zayo intends to activa te th e Service and turn it over for
Cus tomer's use ("FOC Date "). For Off-Net Serv ices, Zayo shall notify Cus tomer of the FOC Date wi thin two (2) busin ess
days aft er layo receives an in stallati o n date from its Third Party Provider.
6.3 Service Activation. After Zayo has determined that the Serv ic e conforms to th e releva nt Service Spec ification s, layo will
notify C u stomer that the Service is activated, meets the Service Specifications and is avai lab le f o r use by Custome r
("Service Activation Notice"). The "Service Activation Date" shall be th e earl ier of (i) the date on which Cus tom er begins
using t he Service fo r any purpose other th an testing ; o r (ii ) th e date th at Zayo has se nt the Service Ac ti va tion Noti ce to
Custome r. Cus tomer sha ll have two (2) days in whi ch to notify Zayo that it is reject ing the Service because the Serv ice
does not meet the Service Specifications . If Customer has notified Zayo with in suc h two (2) day pe rio d that the Service
does not mee t the Service Spec ifi cat ions , th en Zayo s hall take such s teps reaso nably necessary to cause th e Service to
m ee t th e Service Spec if ic ation s, at w hi ch time Za yo s hall iss ue a ne w Service Ac tivation Notice an d the acce ptan ce
process above sha ll be repeated. C ustomer's failu re o r delay to tes t t he Service or failure or dela y to ut ilize th e Service o n
o r after th e Service Ac t iva ti on Notice date sha ll not prevent Zayo from billi ng Customer for th e Service.
6.4 Incrementally Delivered Services. Unless oth erwise specif ied in a Service O rder, layo m ay inc rementa ll y deli ver
individual Serv ices, whe n ready, whi ch may result in di ff erent Serv ice Activation Dates for such incrementall y delivered
Service s. For multipoint Services, Zayo may incrementally deliver Service to eac h Cus tomer location whe n rea dy. Th e
Service T erm for incrementally delivered multipoint Services s hall begin o n th e Service Activation Date of the first location
and/or circ uit delivered and shall end aft er the pe ri od spec ifi ed as the Service Term fr om th e Service Activation Date of the
las t loca ti on and/or circuit delivered. Unl ess oth erw ise set forth in a Service Order, th e charges assoc iated with a del ive red
service w ill be based upon Section 1.2; add iti ona ll y any Bandwidth Commitment f or an incrementally delivered service w ill
be proportionally red uc ed to refl ec t the number of loca ti ons incrementally delivered ou t of th e t otal number of locations
included under suc h Bandwidth Commit men t a nd Burst Bandwidth w ill be determined by using th e leve l th en in effect as of
th e last day of each calendar month .
7 . SERVICE LEVEL OBJECTIVES
Ethernet a nd IP Services Schedule (Ver. 8 .29.20 14)
Confidential a nd Proprietary
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7 .1 Serv i c e Avai l a bility Objectives f or Et hern et a nd IP Services
Service Description Measurement Service Outage Credit per Affected Service Element Timeframe
Unprotected Services
>3.6h rs to 4hrs = 10 % of Allocated MRC
(99.5% avai labi lity)
Plus 10 % of A ll ocated MRC for each add itional fu ll
Time that Service is available hour service is unavai la bl e
Service (i.e. unaffected by a Service One (1) Month Availability Outage) Protected Services
>22 min to 1 hr = 10% (99.95% avai labil ity) of
A l loca ted MRC
Plus 10% of Allocated MRC l or each additional f u ll
ho ur service is unavail abl e
7.2 Add iti ona l Servi c e El ement Objectives for IP and Ethernet Servi ces
Service Measurement Measurement Service Credit per
Element Timeframe Affected Service
Not to exceed th e fo ll owing va lues, as appl icable to the
aff ected OoS Classes , for a sustained period 01 two (2)
or more hours: See Packet Packet Per Incident Los s/Latency Service Loss IP T ransit or Basic OoS: 0 .50%
Enhanced OoS: 0.40% C redit Chart
Preferred OoS: 0.30%
Critical OoS: 0.20%
Not to exceed t h e following va l ues for a one way,
s u stain ed period o f two (2) or more hours :
See Packet
Latency North America Metro «300 fiber miles): 15 ms Per Incident Loss/Latency Service
North America Intercity (>300 f iber miles): 45 ms Credit Chart
Europe: 15 ms
Trans-Atlantic: 80 ms
7 .3 Pa cket Loss/Latency Serv ice C redits
Cumul ative Duration of Service Service Credit -% of Allocated MRC for Affected Cus tome r Loca tion (s )
Level Failure(s )
>2 hrs to 4 hrs .
>4 hrs . to 8 hrs.
>8 hrs. to 12 hrs.
>12 hrs . to 16 hrs.
>16 hrs. to 20 hrs.
>20 hrs. to 24 hrs.
>24 hrs .
Ethernet and IP Service s Sche dule (Ver . 8.29.2014)
C o nfi d entia l and Pr o pr iet ar y
Bas ic or
IP Tra nsi t
5%
10%
15%
20%
25 %
30%
50%
En h a nced Pr efe r r e d C ri tica l
10% 15 % 20%
15% 20% 25%
20% 25% 30%
25 % 30% 35%
30% 35% 40%
35% 40% 45 %
50 % 50% 50%
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8 . SERVICE CREDITS FOR ON-NET SERVICES. Zayo wi ll issue Service Outage Credits andl or Service Credits to C ustomer for
On-Net circuits affected by inte rrupt io ns in Service , including Service Credit s for Service L evel Failure s set forth above ("Service
Outage"); provided, that any such interruption or failure of a service element wi ll not be deemed a Service Outage if caused by:
(a) any act or omission of the Cust ome r o r its End User Custome rs, o r their representatives, contractors, agen ts, au t horized
invitees , successors or assig ns ; (b ) th e configurat ion , fail ure or mallunction of non-Zayo equipment or systems; (c) schedu led
maintenance o r planned enhancements or upgrades to Zayo 's n etwork; (d) Zayo not being given reasonab l e access t o the
premises; (e) Customer exceeds the maximum capacity of a port connec t ion or any other rate limitation as set forth in the
applicable Service Order; or (f) a Force Majeure Event. Each of the events described in this Secti on 8 (a), (b), (c), (d), (e) and (f )
sha ll be deemed an "E xcused Outage."
8.1 Service Outage Credit. In th e event of a Service Outage not due to an Exc used Outage , Customer s ha ll be e ntitled t o one
of th e service c redits set f o rth in Section 7 herein ("Service Outage Credit"). For any multipoint Service , th e Allocated MRC
sha ll be used for purposes of calculating Service Outage Credit per the table in Section 7. For purposes o f de termin in g th e
amount of a Service Outage Credit, the duration o f a Service O utage begi ns w h en Zayo records a t rouble ticket number and
ends when the Service is restored or not fai l ing to meet the Service Element Obj ectives in Sect ion 7 ("Service Outage
Duration "). Service Outage Duration is applicable to specific a ff ected circuits and shall not be aggregated among circuits for
purposes of determining Service Outage C redit. In the event of a Service Outage duri ng which Customer experiences
multiple Service Element fai lures andlor Service O ut ages, the Service O ut age Credits for each affected Service El eme nt
shal l not be agg regated ; ra th er, t he Service Outage Credit shall be the greater o f th e Service Outage Credit appl icabl e to
any individual Service El ement or Availabil ity in Section 7 . The maximum Service Outage Credi t i n a cal endar month for any
aff ected c ircuit shal l not exceed 50% of the MRC for the affected c ircuit.
9. ISSUANCE OF CREDITS. In order t o receive Service Outage Credit , Custome r must (a) immediately report the Service O utage
to the Zayo Network Control Center at (866) 236-2824 or ncc @zayo.com, and ope n a trouble ticket, and (b) make a written
request for a credit within seven (7) days f o ll owing the end o f the month in whi ch th e Service Outage occurred . Upon receipt of
Customer's request, Zayo w ill investigate the c l aim under the terms described in this Service Schedule. Credits wi ll be granted
only if C ustomer has afforded Zayo reasonable access to C ustome r's premises fo r appropriate repairs, maintenance, testing and
any othe r work in o rd e r to re m edy th e cause of t he Service O utage. The issuance of cred its pursuant to this Section is Zayo's
sa le ob li gation and Cus tom e r's sa le re medy for any failure or non-periormance of an Ethernet Service or IP Serv ice under thi s
Agreement. Service credits s ha ll be deducted from the c h arges payable by Customer h ereunder and sha ll be express ly
indicated on th e Customer in vo ice.
10. THIRD PARTY SERVICES. If Customer requests Services that require Zayo to procure Off-Net Services f rom a third party ("Third
Party Provider") on behalf o f Customer ('Third Party Services"), Zayo ag rees to provide such Third Party Services subject to th e
followin g , to which the Customer ac kn owledges and agrees: (a) the Third Party Services will be provid ed by a Third Party Provider;
(b) th e Third Party Services will fun ction and pertorm in acco rd ance with th e service level obligations provided by the Th ird Party Provider
to Zayo; (c) any rights , remedies, outage credits, or other service-specifi c terms that the Customer may have or be entitled to under this
Service Schedu le are limited to the same terms that Zayo has in place with the Third Party Provider; (d ) the costs for the Third Party
Service will be incorporated into th e MRC and NRC set fort h in the applicable Service Order, (e) if Zayo purchases Third Party Services
pursuant to Third Party Providers applicable tariff, Customer is responsible for any additional charges imposed on Zayo pursuant to Third
Party Providers applicable tariff; and (f) if the Customer cancels or terminates any Service wh ich includes a Third Party Service prior to the
conclusion of the Service Te nn or Service Renewal Term , then th e Customer will pay any and all cancellation and/or ea rl y termination
charges that Zayo actua ll y incurs for the cance ll ation or termination of such Third Party Services , plus any charges remaining und er this
Agreement.
ZAYO GROUP, LLC
Signature :
Name:
Title :
Ethernet and IP Servi ces Schedule (Ver. 8.29 .2014)
Confidential and Proprietary
CITYOF~E P ... '" ')
Sig nature' IJ. ~
Name: ::ICt. vY\-e"? 0. Q <f? "lVl 0 IJ 5
Ti t le: SY\ CQ. ~ 0 \'"
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Christopher Yost
General Counsel