Service Level Agreement for 421 West Church Street Jacksonville Florida.

Definitions:

“Base Rate” means the rent for a given month for space but not rent for the circuit/power fees.

“Landlord Electrical System” means all wiring, circuit breakers, switch panels, UPS and generators located within the Landlord Data Center. Landlord Electrical System does not include any wiring circuit breakers, switch panels, UPS or generators not owned or operated by Lanlord, nor does it include any power supplies, wiring, DC converters, or UPS located within the Data Center that are owned, supplied or operated by Tenant.

“Eligible Tenant” This definition excludes any Tenant whose account is not in good standing with Landlord.


“Power Outage” means an unplanned period of time during which Tenant’s collocated equipment is unable to operate due to total loss of electrical current as a result of a problem or failure in the Landlord Electrical System, including but not limited to generators and UPS. Power Outages do not include loss of electrical current due to overloading of electrical circuit, or any other action taken by Tenant which may cause loss of electrical current to the collocated equipment. Disruptions occurring during Scheduled Maintenance intervals do not constitute a Power Outage.

“Scheduled Maintenance” means any maintenance at the Data Center where (a) Client is notified 48 hours in advance, and (b) the maintenance is performed during a standard maintenance window on weekends, or on weekdays from 10 PM to 6 AM local time of the Landlord Data Center in which Tenant’s equipment is collocated. Notice of Scheduled Maintenance will be provided to Tenant's designated point of contact by a method elected by Landlord (telephone, email, fax or pager).

    Service Credit Policy:

If an Eligible Tenant experiences  Power Outages totaling more than 4.3 minutes (0.01% of a month) in a calendar month, Tenant shall receive a credit as set forth below. The credit will be applied against the monthly  Base Rate charges applicable to the Power Outage. No credits will be granted in respect of any  Power Outage unless requested by Tenant, either in writing or by email, within five (5) calendar days of such  Power Outage. The following credits are Tenant’s sole and exclusive remedy for Landlord’s failure to meet the Service Level Agreement set forth herein, and are Tenant’s sole and exclusive remedy for any Power Outage.

Service outage credits shall equal the greater of the amounts in Clause A, B, C or D:

A. For Power Outages in any given calendar month exceeding 4.3 minutes (.01% of a month) but less than one (1) hours, the monthly recurring Basic Rate charges for that month will be reduced by 1/30th.

B. For Power Outages in any given calendar month exceeding one (1) hour but less than two (2) hours, the monthly recurring Basic Rate charges for that month will be reduced by 1/15th.

C. For Power Outages in any given calendar month exceeding two (2) hours but less than 6 hours, the monthly service charges for that month will be reduced by 30%.

D. For Power Outages in any given calendar month exceeding six (6) hours, the Basic Rate charges for that month will be reduced by 100%.

In no event may credits for any month exceed monthly recurring Base Rate charges for that month; credits from a calendar month do not apply to any other calendar month.