AT&T/SBC 30 Days from Technical Interview. 99.999% See notes 99.9% < 3 hours 39 ms 0.1% See notes Yes, see notes See notes AT&T/SBC's SLA was last updated Monday January 25, 2010 Note: excludes any LEC facility issues. AT&T’s IP network has continually outperformed its major competitors for over a year. Proof is readily available on the Internet. AT&T’s IP network performance statistics are publicly available at www.att.com/ipnetwork. Off-net Performance (“SBC KB40”): The monthly average full-page download time for the Keynote Business 40 websites, from within selected domestic SBC MegaPOP locations, will not exceed 110% of the US25 Overall metric. The Keynote Business 40 (KB40) Internet Performance Index measures the average download time for the home pages of 40 significant US-based business Web Sites. These measurements are taken by automated agents attached to key points in the Internet backbone in the 25 largest metropolitan areas of the United States. Internet Service Availability: SBC’s Dedicated Internet Access Service will be available to Customer 99.95% of the time in a calendar month. “Service Unavailability” exists when Customer’s Internet connection is unable to transmit and receive IP Packets to/from On-Net Hosts and SBC records such failure in the SBC trouble ticketing system ("Impaired DIA Service"). Service Unavailability is measured from the time SBC has actual knowledge of a service outage and a trouble ticket is opened, either in response to notification by the Customer or in response to alarms from internal network management systems, to the time Customer’s Impaired DIA Service is again able to transmit and receive IP Packets from SBC On-Net Hosts. Network Latency: Average round-trip transmissions will be 40 milliseconds or less between SBC-selected MegaPOP endpoints within SBC’s IP Network, measured by averaging samples taken during a calendar month between these endpoints. Network Packet Loss: During any calendar month, packet loss will not exceed 0.1% based upon monthly averages, between SBC-selected MegaPOP and MiniPOP endpoints within SBC’s IP network. SBCIS has National Maintenance Windows for Tuesday and Thursday mornings at Eastern Time: 3:00 A.M. to 6:00 A.M. From the contract, "Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the provision of the Service. All computer systems and networks need routine maintenance from time to time. SBC generally schedules and performs such maintenance, on an as needed basis, during the times indicated on SBC’s website (located at http://dedicated.sbcis.sbc.com/NDWS/). Not all scheduled network/systems maintenance will affect Customer’s Service. However, SBC will endeavor to provide Customer five (5) business days advance notice, or if not possible, reasonable advance notice if SBC believes that such routine scheduled maintenance will affect Customer’s Service. In the event of a network/systems emergency requiring immediate attention, SBC reserves the right to perform emergency maintenance without notice or upon short notice, and shall use all reasonable efforts to minimize the effect of such work on Customer’s Service." After the date upon which SBC installs transport to provide Service, in the event Customer terminates this Addendum without cause by providing thirty (30) days prior written notice to SBC or in the event SBC terminates this Addendum based on Customer’s non-responsiveness or non-readiness as set forth above, Customer will be liable to SBC as liquidated damages, not as a penalty, for any installation charges waived or unpaid, any other unpaid charges due and owing, plus fifty percent (50%) of the Monthly Charges for the remaining Term of the Service from the date of termination.