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12. The Customer will be responsible for providing appropriate testing equipment and resources for requested Throughput testing. 8.3 Latency Latency measurements will consist of measuring the time it takes to travel from the origination to termination ports for the connection in question. Latency is measured by averaging sample measurements taken during a 30 -day period between Network terminating equipment to which the Customer's ports are attached when Agile's Network is available. 8.4 Packet Delivery Rate Packet Delivery Rate ("PDR") is a function of bandwidth, error performance, congestion and other factors. PDR is expressed as a percentage of Ethernet frames offered to the Network that successfully traverse the Network, end-to-end, within the specified Grade of Service, and within a 30 day period. FOR is calculated as the total number of effective Ethernet frames, per port, that successfully traverse the Network divided by the total number of effective Ethernet frames, per port, offered to the Network within a 30 day period. PDR is measured by averaging sample measurements taken during a 30 day period from Network Termination Equipment ("NTE") to NTE to which the Customers ports are attached when Agile's Network is available. 8.5 Jitter Jitter is calculated as the delay variance of the packets transported across the Network or the deka of delay between two consecutive packets. It is measured between two endpoints, and will consist of measuring the time between a set of packets. Jitter is measured by averaging sample measurements taken during a 30 day period between Network terminating equipment to which the Customer ports are attached when Agile Network is available. 9. Service Level Objectives Appendix 1 sets forth SLOB for Agile's Network performance, which represent monthly average objectives that will be measured for each Grade of Service. 10. Service Level Agreement/ Service Credits For purposes of this section, a Service "Outage„ means a total unavailability of the Service to carry traffic between two points of termination. A Service Outage will not be deemed to have occurred if it arises from or relates to any of the following: 13. an event where Agile's failure to perform is excused by Section 3.1 of the Master Services Agreement; 14. the failures of any components beyond Agile's demarcation point including failures attributed to facilities or equipment provided by the Customer or its contractors, equipment vendors, or another carrier; 15. the failure of any Customer operated network component beyond Agile's control such as a tower site used by Agile to provide Service to the Customer(s); 16. data exceeding subscribed usage; 17. a circuit has not been accepted by the Customer; 18. the negligence, error, acts, or omissions of the Customer or others authorized by the Customer to use the Service; 19. during any period in which Agile or its agents are not afforded access to the premises under the Customer's control after reasonable notice; Agile Network Connect Service Attachment 10/1/19 Page 19