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2023-085 Resolution
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2023-085 Resolution
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6/28/2023 10:52:57 AM
Creation date
6/28/2023 10:44:39 AM
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North Olmsted Legislation
Legislation Number
2023-085
Legislation Date
6/27/2023
Year
2023
Legislation Title
Agile Network Contract
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7.7 Service Term <br />Subject to the Term of the Agreement, the Customer's rights of termination and renewal as <br />set forth in the Agreement and the Customer's right to cancel the ordered Services in <br />accordance with the Agreement, the "Service Term" with respect to each Service Order <br />hereunder shall be the number of months of Service selected and set forth in the applicable <br />Service Order. <br />Upon expiration of the Service Term during the Term of the Agreement, upon 30 days prior <br />notice to Agile the Customer will have the right to: <br />7. renew a Service on the same terms and conditions herein for a Service Term and rates <br />to be negotiated at the time of renewal; <br />8. cease using the Service under the expiring Service Order (which will require the <br />Customer to take all steps required by Agile to terminate the Service); or <br />9. continue using the Service on a month-to-month Service arrangement, at Agile's then - <br />current monthly rates. <br />If the Customer fails to provide notice to Agile hereunder, the Service will be continued on a <br />month-to-month Service arrangement, at Agile's then -current monthly rate for the Service. <br />8. Service bevel Definitions <br />This section defines Agile's Service Level Objectives for Network performance. <br />8.1 Network Availability <br />Network Availability is calculated as the percentage of time that The Agile Network is capable <br />of accepting and delivering Customer data to the total time in the measurement period. The <br />calculation for Network Availability for a given calendar month is as follows: <br />1. [24 hours x days in month x 60 minutes x number of Customers] <br />2. Subtract Network Service Outage time (measured in minutes) <br />3. Divide by [24 hours x days in month x 60 minutes x number of Customers] <br />8.2 Throughput (Bandwidth) <br />"Throughput" is measured relative to the theoretical maximum of the transport circuit <br />measured in "bits per second" on a circuit between the Customer / Service Provider's <br />interconnection point and the Customer's end user location. The Throughput test must <br />validate 100% Throughput and will generally follow the methodology defined in the Internet <br />Engineering Task Force (IETF) RFC 2544 and include validation with uni-cast and multi -cast <br />Ethernet frames. <br />10. Throughput measurement testing will be performed before the Customer's acceptance <br />of a Service Order and can be requested thereafter if the Customer is experiencing <br />Service impacting degradation issues. <br />11. Any time after acceptance, the Customer will initiate such request by opening a trouble <br />ticket with Agile. The Throughput measurement test is intended to validate Network <br />performance from end-to-end on Agile's facilities. <br />Agile Network Connect Service Attachment <br />10/1/19 Page 18 <br />
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