SECTION 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE

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1 VERIZON SELECT SERVICES INC. Page 1 SECTION 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE CxPrice Quote Number or CBS/CNE Tracking Number 1. Service Description. National FastPacket Service provides virtual connections by using statistical multiplexing technologies to connect customer locations over a common network fabric. National FastPacket Service is comprised of the National Frame Relay and National ATM (Asynchronous Transfer Mode) Services. Customer must select the locations served, ports and PVCs. 2. Contract Term/Service Period. Customer commits to purchase the Service as set forth in this Exhibit for a term of (Select One) following installation of the Service (if not previously installed) and Verizon's completion of all work necessary for the provision of the Service under the terms hereof (the Service Period ). 3. Rate Elements. a) Access Circuit. An Access Circuit is the physical connection between the Customer location and a National FastPacket User-to-Network (UNI) Port. b) Ports. National FastPacket Service supports two types of Ports, UNI Ports and Network-to-Network Interface (NNI) Ports. UNI Ports connect to a Customer designated location via an Access Circuit to the National FastPacket Service Network. NNI Ports connect the National FastPacket Service to another fast packet network. Packet services utilize statistical multiplexing technology to enable oversubscription of ports. The Access Circuit and UNI port speed selected must accommodate the cumulative bandwidth demand of all PVCs connected to each port, i.e., for National Frame Relay Service, the sum of the individual PVC data rates cannot exceed the UNI Port speed. Oversubscription of National FastPacket UNI Ports is allowed; however, if oversubscription exceeds Verizon s National ATM and Frame Relay service levels as stated in Verizon s oversubscription policies, data loss and performance degradation, such as increased delay, may occur. c) Permanent Virtual Circuit (PVC). PVCs are the virtual connections between two Ports. i) National Frame Relay Service PVCs. Rates for National Frame Relay Service PVCs are based on the Committed Information Rate (CIR) selected by Customer. ii) National ATM Service PVCs. Rates for National ATM Service PVCs are based on the customer designated Class of Service (CoS) and either the Peak Cell Rate (PCR) or Sustained Cell Rate (SCR). National ATM Service PVCs are available with the following CoS selected by customer: (a) Constant Bit Rate (CBR); rates based on Peak Cell Rate (PCR); or (b) Variable Bit Rate-real time (VBR-rt); rates based on PCR; or (c) Variable Bit Rate-non real time (VBR-nrt); rates based on Sustained Cell Rate (SCR); or (d) Unspecified Bit Rate (UBR); rates based on PCR. If a National ATM Service PVC exceeds its traffic arrangement for the selected Sustained Cell Rate (SCR), Peak Cell Rate (PCR) and/or Maximum Burst Size (MBS), Verizon may discard traffic as required. d) Frame to ATM Interworking. Frame to ATM Interworking enables the interconnection of Frame Relay PVCs to ATM PVCs. National FastPacket Services support Frame to ATM Service Interworking (FRASI Translation Mode) and Frame to ATM Network Interworking (FRANI Transparent Mode). FRANI and FRASI PVCs are billed as ATM VBR-nrt PVCs. 4. Operational Service Level Agreements (SLAs). Operational SLAs are available for National Fast Packet Services where the Customer purchases at least five (5) PVCs. a) SLA For On-Time Provisioning. (i) (ii) On-Time Provisioning Measurement. Verizon agrees to complete installation of the PVC no later than the Firm Order Commitment (FOC) due date issued by Verizon plus twenty-four (24) hours. Verizon will issue a FOC date upon completion of its review of available required facilities and components. Completion of design and ordering related forms and documents (including but not limited to network design, configuration, and data gathering forms) must occur prior to providing the FOC date. This SLA shall not apply to orders where an expedited interval has been requested or for disconnection orders. On Time Provisioning Service Response Credits (SRCs). If Verizon fails to install a PVC within twenty-four (24) after the FOC date because of Verizon s sole fault, Verizon will provide an SRC equal to fifty percent (50%) of the associated Monthly Recurring Charge (MRC) for the month in which the due date is missed for the PVC. SRCs shall not be available if Verizon determines after the FOC date is issued that sufficient facilities are not available to provision the order, where special construction of facilities is required, or when the FOC date is missed because the VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 1 of 6 ESC # XXXX

2 VERIZON SELECT SERVICES INC. Page 2 SECTION 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE (Continued) local access service is not available. SRCs will not be available for missed FOC dates if the Customer provides inaccurate information on the order, revises the order or is not ready to accept the Service on the FOC date. b) SLA For Mean Time to Repair (MTTR). (i) MTTR Measurement. Under the MTTR SLA, Verizon will measure the average Time to Repair (TTR) for Customer-reported interruptions in the Service with respect to PVCs provided herein ( Interruption ). Interruption means a condition that renders a PVC unavailable for use by Customer due to a fault caused by Verizon in the National Fast Packet network. To be measured under this SLA, Customer must report any Interruption to a Verizon-designated entity for the opening of a trouble ticket. The TTR is measured from the date and time a trouble ticket is opened by Verizon and the date and time when such ticket is closed by Verizon. In measuring the TTR, any stop clock time associated with the trouble shall be subtracted from such measurement. For purposes of this measurement stop clock time refers to a) periods when Customer testing is occurring; b) periods when Verizon is awaiting Customer authorization to commence work on a PVC; c) periods following a repair of a PVC when the ticket is held open by Customer to ensure the trouble is resolved; and d) any time period during which any of the occurrences listed in Section 6 (SLA Exclusions) existed. The SLA shall not apply to cases of trouble where no trouble was found or repeated cases of trouble for the same Interruption. It also does not apply to an Interruption related to the provisioning of a new PVC. The MTTR SLA shall be measured on a calendar month basis and shall be calculated by adding the TTR for all Interruptions and dividing that sum by the total number of trouble tickets opened for Interruptions for that Customer during that month. (ii) MTTR SRCs. If the average MTTR for Interruptions for a calendar month exceeds four (4) hours but is less than eight (8) hours, Verizon shall provide a credit of fifty percent (50%) of the MRC for any individual PVC that is unavailable for use for more than four (4) consecutive hours during such calendar month. If the average MTTR for Interruptions for a calendar month exceeds eight (8) hours, Verizon shall provide a credit of fifty percent (50%) of the MRC for any individual PVC that is unavailable for use for more than four (4) but less than eight (8) consecutive hours, and a credit of one hundred percent (100%) of the MRC for any individual PVC that is unavailable for use for more than eight (8) consecutive hours. c) SLA For Network Availability. (i) (ii) Network Availability Measurement. Network Availability refers to the percentage of time during a calendar month that the Service is available for use by Customer. The Verizon threshold for Network Availability is 99.90%. Network Availability is calculated based upon the total number of minutes in a calendar month that Customer was actually in service divided by the total number of minutes in the month (1,440 minutes multiplied by the number of days in month multiplied by the number of PVCs, less the number of minutes that the PVCs were interrupted during month, divided by the number of available minutes for the month, i.e.1,440 minutes multiplied by the number of days in month multiplied by the number of PVCs). Verizon will not round up the calculation to reach the 99.90% threshold. The Network Availability SLA is only available for outages reported by Customer by opening a trouble ticket with Verizon. An interruption for PVCs shall be computed, and be subject to the same restrictions and exclusions, as set forth in Section 4 (b) pertaining to Interruptions for MTTR. Network Availability SRCs. If overall Network Availability is less than the threshold of 99.90% for a calendar month, Verizon will provide a credit equal to ten percent (10%) of the associated MRC for any individual PVC that did not meet such threshold during such calendar month. 5. Customer Consent: To the extent necessary to measure Verizon s performance under the SLAs set forth herein, Customer consents to Verizon obtaining on Customer s behalf its trouble history with local carriers that provide the portion of the network covered by the SLAs. 6. SLA Exclusions. SLAs do not apply to the extent that any of the following reasons prevented or delayed Verizon s performance in meeting such SLAs: a) The acts of Customer or other party authorized by Customer to use the Service, including but not limited to Customer s negligence, Customer s refusal to grant Verizon reasonable access to its premises for testing/repair, Customer s refusal to release the Service for testing and/or repair, Customer s maintenance activities or its rearrangement of the Service or where Customer has exceeded the purchased PVC bandwidth; VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 2 of 6 ESC # XXXX

3 VERIZON SELECT SERVICES INC. Page 3 SECTION 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE (Continued) b) Service trouble caused by Customer s CPE or facilities on its side of the demarcation point or any power, equipment, service or systems not provided by Verizon; c) Services that have been in service for less than a month (except for the SLA for On-Time Provisioning); d) Any reason stated in the Section 12 of this Agreement (Delayed Performance or Failure to Perform); e) Scheduled maintenance and downtimes; f) Unavailability of network monitoring or management equipment or reporting; or g) Any other reason outside the control of Verizon 7. Limitation on SRCs. The combined total of any SRCs applied to a Customer s National Fast Packet Service contracted herein or in other Verizon agreements may not exceed the following: a) For any calendar month, the total SRCs applied to an affected PVC may not exceed one hundred percent (100%) of the MRC billed to the Customer for such PVC for that month. b) For any calendar year, the total SRCs shall not exceed ten percent (10%) of the total annual revenue of the prior calendar year billed to the Customer for qualifying PVCs, or $200,000 per Customer per National Fast Packet Service, whichever is less. For any calendar year in which the Customer had less than twelve (12) full months of revenue for qualifying PVCs in the prior calendar year, the SRCs may not exceed $20,000 per Customer per National Fast Packet Service. c) To receive an SRC, Customer must request such SRC in writing within thirty (30) calendar days of the end of the SRC monitoring period. The request must include a list of all impacted PVC identification numbers and the type of SRC requested for each PVC. 8. Access Arrangement. Verizon is responsible for ordering, installation, maintenance, billing, test and turn up of Access Circuits, to connect Customer locations to National FastPacket Service UNI Ports. Customer is responsible for providing accurate information pertaining to ordering, repair, contact information, billing, and product specific requirements. 9. Customer Premises Equipment (CPE). Equipment located on the Customer s premises, whether provided by Customer or a third party, must adhere to Frame Relay and ATM interface specifications established by Verizon. Customer provided ATM equipment must shape traffic to ensure that PVCs conform to the ATM traffic contract that is purchased. 10. Order Cancellation Charges. If Customer cancels an order prior to the service being completely installed, Customer shall pay Verizon all applicable non-recurring charges (NRCs) and any charges incurred by Verizon associated with the Access Circuits or additional facilities provided by its underlying providers. 11. Cancellation and Termination Liabilities. a) Termination Liability applies to Access Circuits, Ports, and PVCs when Customer disconnects Service prior to the expiration of the Service Period. Termination Liability also applies to Access Circuits, Ports, and PVCs when Verizon discontinues Service on account of Customer s default under this Agreement. b) For disconnects prior to the expiration of a one-year Service Period, the termination liability charge shall be one hundred percent (100%) of the applicable MRCs for the unexpired portion of the Service Period. c) For disconnects within the first twelve (12) months of a two-, three-, or five-year Service Period, the termination liability charge shall be one hundred percent (100%) of the applicable MRCs for the unexpired portion of the first twelve (12) months and fifty percent (50%) of the applicable MRCs for the number of months remaining in the Service Period. d) For disconnects after the first twelve months of a two-, three-, or five-year Service Period, the termination liability charge shall be fifty percent (50%) of the applicable MRCs for the number of months remaining in the Service Period. e) Customer acknowledges that Verizon s actual damages arising from Customer s termination of the Service are impossible to ascertain and that the Termination Liability is a reasonable estimate of same and shall constitute liquidated damages, and not penalties. f) Early termination charges will not be assessed if Customer renegotiates a new term commitment for the same Service before the Service Period expires, and the aggregate amount of all MRCs included under the renegotiated Agreement is equal to or greater than the aggregate amount of the MRCs remaining under the expiring Agreement, provided that each of the following conditions are met: VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 3 of 6 ESC # XXXX

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5 VERIZON SELECT SERVICES INC. Page 4 (i) (ii) SECTION 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE (Continued) Both the existing and the upgraded Service components are provided solely by Verizon; The order to terminate the existing Service and the order for the upgraded service must be received by Verizon at the same time and be on the same order; and (iii) Any charges incurred by Verizon associated with access or additional facilities that occur in the termination of the existing Service and the provisioning of the upgraded service will be billed to the Customer. 12. Move or Change in Service Address. If Customer requests moving an Access Circuit due to a change in physical service address during the contract term, Verizon will do so in accordance with the following conditions: a) Any NRCs associated with installing Service at the new address will be billed to the Customer; and b) Any charges incurred by Verizon associated with access or additional facilities that occur in the termination of the existing circuits and the provisioning of the upgraded circuits will be billed to the Customer; and c) Verizon will re-price the Service with the new location s address, and if the re-priced Service is higher than the original contract amount, Customer will begin paying the higher MRC when the Service move is completed. 13. Contract Renewal. At the end of the Service Period: (a) Customer may renew the Service for another term under the prices applicable at the time of renewal; or (b) either party may terminate the Service provided under this Exhibit without further liability by giving at least thirty (30) days prior written notice to the other party. If Customer does not select a renewal plan or if neither party requests termination of the Service, Verizon may continue to provide the Service to Customer on a month-tomonth basis at either the expired contract prices or at the then-current prices published by Verizon for the Service. 14. Percent Interstate Traffic. Customer represents that traffic transmitted between the locations on this network is: (select one) Interstate (10% or more of the traffic is Interstate in nature) Intrastate (less than 10% of the traffic is Interstate in nature) 15. Non-recurring Charges (NRCs). For National ATM Service, NRCs shall be waived if the Service Period is at least one year. For National Frame Relay Service, the NRCs shall be waived for Service Periods of at least two (2) years. If Customer cancels a Service order or changes a Service Address, NRCs may be billed to the Customer. 16. Services. Customer agrees to purchase the following Service at the prices and quantities set forth below and for the Service Period set forth in Paragraph 2 above. a) Access Circuits. Service will be provided at the following locations: Location NPA/NXX Street Address City, State, Zip code Total Access Circuit Speed 1 Access Circuit MRC Access Circuit NRC Access Circuit speeds available for Frame Relay are: DS-0, DS-1 and DS-3. Access Circuit speeds available for ATM are: DS-1, 2xDS-1, 3xDS-1, 4xDS-1, 5xDS-1, 6xDS-1, 7xDS-1, 8xDS-1, DS-3, OC-3c and OC-12c. 2 Specified NRCs may be waived under Section 12 of this Exhibit. VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 4 of 6 ESC # XXXX

6 VERIZON SELECT SERVICES INC. Page 5 Section 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE b) UNI Ports Location Frame Relay or ATM Port Speed 3 (Note whether Mbps or Kbps) MRC Discounted MRC NRC Total 3 - For ATM, port speeds available are: DS-1, 2xDS-1, 3xDS-1, 4xDS-1, 5xDS-1, 6xDS-1, 7xDS-1, 8xDS-1, DS-3, OC-3c, OC-12c; For Frame Relay, available port speeds are: 56Kbps, 64Kbps, 128Kbps, 256Kbps, 384Kbps, 512Kbps, 768Kbps, 1.544Kbps, 4Mbps, 6Mbps, 10Mbps, 22Mbps, 45Mbps. c) PVCs A Location Z Location PVC Type 4 Frame Relay (Include type) or ATM ATM CoS (CBR*, VBR-rt, VBRnrt, UBR, FRASI (VBR-nrt) Translation Mode or FRANI (VBR-nrt) Transparent Mode) PVC Speed 5 (Note whether Mbps or Kbps) MRC Discounted MRC NRC Total 4 - For Frame Relay the available PVC types are: UNI-UNI, UNI-NNI or NNI-NNI. 5 - For Frame Relay PVCs the CIR chosen by Customer is listed. For ATMCBR, VBR-rt and UBR PVCs, the PCR chosen by Customer is listed. For ATM VBR-nrt PVCs, the SCR chosen by Customer is listed. d) Summary of National FastPacket Service Charges: Element Monthly Recurring Charges Non-Recurring Charges PVCs Ports Access Circuits Sub-Total (non-discounted) Percentage Discount 6 Total MRC commitment Expedite charges7 (if applicable) NA 6 Percentage Discount applies only to ports and PVCs; the discount does not apply to Access Circuits, NRCs or expedite charges. VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 5 of 6 ESC # XXXX

7 VERIZON SELECT SERVICES INC. Page 6 Section 5 - EXHIBIT D - NATIONAL FASTPACKET SERVICE 7 - Verizon does not guarantee a shortened installation interval for every expedited order. VSSI-TSA Exhibit D National Fast Packet Service ( ) Page 6 of 6 ESC # 0322

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