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(b) The objective for the Installation Date is to be on or before the target date committed to by BellSouth, as reflected on BellSouth's service management records. For any installation for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for the Services. 5. Latency. (a) "Average Latency' is the monthly average round-trip latency of designated portions of BellSouth's network, determined by measuring round-trip network responses Over such portions of the network as determined by BellSouth. The objective for Average Latency is to not be greater than 55 milliseconds . For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services . Network delay will not be considered for purposes of Average Latency, and Service credits will not be available to Customer, in cases where the Services are delayed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure a malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customers equipment to perform necessary testing, troubleshooting or related activities. 6. Packet Loss. (a) "Average Packet Loss" is the monthly average round-trip packet loss of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth . The objective for Average Packet Loss is to not be greater than 0.5%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customers monthly invoice, equal to 1 /30th of the monthly recurring charges for the Services . Packet loss will not be considered for purposes of Average Packet Loss, and Service credits will not be available to Customer, in cases where packets are lost as a result of (i) the negligence, acts or omissions of Customer, its employees , contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customers equipment to perform necessary testing, troubleshooting or related activities. Other Terms and Conditions Customer should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed. If Customer believes a credit should have been applied but was not, Customer must request credits within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed and that a credit is being issued. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during any one-month period shall not exceed the total monthly recurring charges for the Services in that month. 7. Force Maieure Force Majeure is defined as including war, riots, embargoes, strikes, or other concerted acts of workers (whether BellSouth's or others), casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services). CONFIDENTIAL/PROPRIETARY — NOT FOR DISCLOSURE W ITHOUT W RITTEN PERMISSION Version: 0812005 Page 14 of 19 Created On: June 28, 2006 CCP-12457