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© 2014 Crosslink Networks LLC, 1499 Doolittle Dr. San Leandro, CA 94577 Proprietary and Confidential Customer responsibilities and/or requirements in support of this Agreement include: Payment for all support costs at the agreed interval, Reasonable availability of customer representative(s) when resolving a service related incident or request. CLN responsibilities and/or requirements in support of this Agreement include: Meeting response times associated with service related incidents, appropriate notification to, and approval from, Customer for all scheduled maintenance. Assumptions related to in-scope services and/or components include: Changes to services will be communicated and documented to all stakeholders. Coverage parameters specific to the service(s) covered in this Agreement are as follows: Telephone support: 8:30 A.M. to 5:00 P.M. Monday – Friday, Calls received out of office hours will be forwarded to an answer phone service for dispatch, Email support: Monitored 8:00 A.M. to 5:00 P.M. Monday – Friday, Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day. Service Levels generally do not apply to services provided directly to Customer by third parties, during periods of force majeure, physical damage caused by third parties unassociated with CLN including fiber cuts, or during approved Service maintenance (“Excused Outages”). Outages shall consist of a disruption in Service. If CLN does not meet a Service Level (based on CLN’s or Customer’s records) applicable service credits will be issued upon Customer’s request to CLN Customer Service. Credits must be requested within 30 days after the event giving rise to the credit. CLN guarantees Service levels of 99.99% not to exceed the specified Outages as specified in Appendix 1, attached hereto and incorporated herein by reference). Response time to repair is 2-3 hours. Actual data transfer rates may vary as measured between NIC at your location and CLN router, -depending upon several factors including line quality and loop length. Minimum service speeds are subject to 10%-20% protocol overhead. Actual transfer rates above 80% of the listed minimum transfer rate will be considered acceptable. CLN makes no guarantees regarding the availability of networks until the service is established. Someone from Customer location must be available for troubleshooting and connection setup. Customer has the sole responsibility for any local network infrastructure at the Customer’s installation premises. 9. Assignment. Customer may not resell the Services or assign its rights or obligations under this Agreement or any Order without the prior written consent of CLN, not to be unreasonably withheld. Nothing in this Agreement, express or implied, confers upon any third party any right, benefit or remedy under this Agreement. 10. Entire Agreement. This Agreement, including any Service Schedule(s) and Customer Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements, understandings, proposals, or representations relating to the Service, which are of no further force or effect. 11. Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12. Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 13. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 14. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 15. Conflict of Interest. CLN may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place CLN in a “conflict of interest,” as that term