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(a) Service Credit Schedule. Instance of fVetwork outage Credit AQainst the Appropriate Month's Service Charse Less than 1 hour 0% 1 hour to 8 hours 5% 8 hours or more 10% 6. 7erm 6.1. The term of this Service Agreement is five (5) years, beginning on the Effective pate. 7erminatfon 7.1. Termination Due to Non-Performance. If either party fails to perform under any provision of the Agreement except as provided in Sectian 7.2 (a), then the other party may serve written notice upon the non-performing party specifying the nature of the failure. !f, within 60 days of the date notice is served, the non-conforming party has not cured the default or presented a plan acceptable to the other party ta cure the default, then upon expiration of the 60-day pertod, the party giving notice may, at fts option, terminate the Agreement. Any liquidated damages with respect to Senrices having minimum comrnitments will be set out in the apglicable Addendum provtded no such minimum comm9tments will be applicable in any situation in which OneCommunity is in materlal default for non-performance. 7.2. Termination bv Mavfield Vilfage. (a) If Subscriber has not paid OneCommunity Fees when due and payable, or any fees payable to OneCommunity for additional servIces that have been performed or any other properfy due amounts, and Ef such failure has continued for thirty (30) days after written notice of non-payment has been provEded to Subscriber then Mayfield Viflage may terminate thts Agreement immediately by written notice to Subscriber or suspend the Services. (b) Mayfield Village may terminate or suspend the Services under this Agreement by providing 90-days written notice. Subscriber may terminate or suspend Services under this Agreement by providing 30-days written notice to Mayfield Viflage with no pena{ty beyond monthly charges up to date of termination or suspension. In addition, Subscrlber may terminate ServIces as otherwise provided hereSn. 7.3. Other Termiriation Situations. Either party shall have the right to immediately terminate this Agreement, in whole or in part, upon written notice to the other if the other party: (a) Ceases to do business as a going concern; (b) Makes an assignment for the beneft of fts creditors; (c) Admits in wr9ting its inability to pay its debts as they become due; (d) Becorries insolvent, suspends or abandons its business; (e) Authorizes, applies for, or cansents to the appolntrnent of a trustee or receiver of afI or a substantial portion of its assets; (f) Files a voluntary petition under any bankruptcy or insotvency law or files a voluntary petition under the reorganization provision of the laws of the United States; or (g) A court assumes jurisdiction over the assets of that party. (h) Is unable to fulflll its obligations under this Agreement due to Force Majeure as referred to in Section 9.1 lasting more than ten (10) days and, upon twenty-four (24) hours written notice from the other. 'Zn 6/3 0 YiOCO)'I'11llt.11li'f)/ Page 5 of 9 Revision 541412.2