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20. data loss during a Routine or Emergency Maintenance event; 21. during any period when the Customer has released Service to Agile for maintenance or rearrangement purposes (including, without limitation, during any Routine Network Maintenance); 22. any period when the Customer elects not to release the Service for testing and/or repair and continues to use it on an impaired basis; or 23. a breach by the Customer of its obligations under the Agreement or this Service Attachment that is the cause of the Service Outage. 10.1 Service Credit - Service Outage If a Service Outage occurs and the Customer submits a request in accordance with the Remedies Section below, Agile will provide a credit (the "Outage Credit') for Service as detailed in Appendix 2. All Outage Credits will be credited to the Customer no later than the second subsequent monthly invoice issued to the Customer for the affected Service. THE PROVISIONS OF THIS SECTION SETS FORTH THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR SERVICE OUTAGES EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THIS SERVICE ATTACHMENT. 10.2 Remedies Upon the Customer's request for an Outage Credit to Agile's help desk made within 30 business days of the closing of the applicable trouble ticket, the Customer will be entitled to Outage Credits as set forth herein. The maximum Outage Credit issued in anyone calendar month may not exceed the applicable month's MRC for the affected Service Order. An Outage will begin when the Customer opens a trouble ticket for the affected Service and Agile acknowledges receipt of such trouble ticket and validates that the Service is affected by an Outage, or when Agile becomes aware of Service Outages as a result of multiple Customers being affected. Agile will not unreasonably withhold or delay such acknowledgement and validation. An Outage is concluded upon validation that the Outage has been cured and Agile closes out the trouble ticket relating to such Outage. Agile will attempt to notify the Customer that Service has been restored. 10.3 Excessive Outage If a Customer's circuits experience either three or more Outages, or 24 aggregate hours of Outages, in each instance in any 30 day period (an "Excessive Outage'), the Customer will be entitled, in addition to the applicable Outage Credit due up to termination of the circuit, if any, to terminate the affected circuits without charge or liability. If during any 12 month period Excessive Outages have occurred with respect to 30% of the highest number of all circuits deployed under this Service Attachment during the applicable 12 month period, then in addition to the remedies found elsewhere in this Service Attachment, the Customer will have the option to terminate this Service Attachment on 30 days written notice to Agile. The Customer must exercise this option within three months of the end of the applicable 12 month period of Excessive Outages. For the avoidance of doubt, the remedy set forth in this Section will only be exercisable by the Customer. Agile Network Connect Service Attachment 10/1/19 Page 20