Commercial Service Level Agreement (SLA)

April 1, 2021

1. GENERAL OVERVIEW

Urban Networks Inc. (“Urbanfibre”), 4647 Hastings Street, Burnaby, BC, V5C 2K6, in the interest of building a strong business relationship, is pleased to provide a Service Level Agreement (“SLA”) for the Customer as of the Effective Date of a Master Service Agreement or Commercial Service Agreement between Urbanfibre and the Customer.

2. GENERAL DEFINITIONS

a) “Urbanfibre Network” includes the following components that make up its network: gateway routers, core routers, aggregation routers, access routers, connectivity to the Internet from the backbone, and any other equipment, components or elements, owned, installed or managed by Urbanfibre;

b) “7/24/365” – means seven days a week, 24 hours a day, 365 days a year;

c) “Business Days” – All intervals are measured in Business Days. Statutory Holidays are governed by the legislation of the applicable province;

d) “Mean Time To Restore” (“MTTR“) – has the meaning described in paragraph 5.2;

e) “Month” means the number of days in a calendar month;

f) “Provisioning On-Time Delivery” – has the meaning described in paragraph 5.3;

g) “Service Availability” – – has the meaning described in paragraph 5.1;

h) “Service Level” – means the level of service contracted to be provided by Urbanfibre from time to time under a Master Service Agreement or Commercial Service Agreement;

i) “Site(s)” means the Customer Premises address.

3. SERVICE LEVEL PRINCIPLES

The principles under which Urbanfibre agrees to provide this Service Level Agreement to the Customer are as follows::

a) Service credits to the Customer are designed to demonstrate Urbanfibre’s willingness to partner with the Customer to deliver the service at or above the Service Level;

b) The Customer must request service credits in writing within 30 days of the last day in the calendar month in which the failure occurred;

c) This SLA is only applicable to those Customer Sites within Canada where applicable Urbanfibre service and technology exist, and where Urbanfibre is permitted by law to provide service;

d) For cascading failures, only the primary or causal failure is used in determining Service Levels and associated consequences. Only one Service Level component metric can be used for determining service credits;

e) In the event of the failure of Urbanfibre to meet multiple Service Level component metrics in a one-month period, the highest service credit will apply, not the sum of multiple service credits;

f) The total amount that may be credited to a Customer under this agreement in any given month is limited to 25% of the Customer’s monthly fee for the affected service;

g) If the service installation charge has already been waived under a prior agreement or promotion, a service credit for Provisioning – On-Time Delivery will not be provided;

h) Service Levels are provided based upon the agreed upon Urbanfibre network design;

i) The Customer shall ensure that all Customer provided equipment on its premises that connects to the Services will perform according to published technical specifications for such equipment, and will conform to interface requirements as set in the applicable Urbanfibre Services interface specifications;

j) Changes to business, technology improvements and changes to Urbanfibre’s Services may result in a revision to the Service Level components and Service Level component metrics;

k) Urbanfibre reserves the right, at any time, to change existing measurement tools or implement new measurement tools used in connection with the measurement of the Service Level component metrics herein, provided that any such change or implementation will have the effect of meeting or exceeding the Service Level component metrics set out in this Service Level Agreement; and

l) Any adjustments to the Service Level component metrics shall only be by mutual written consent of the parties.

4. SERVICES COVERED BY THIS AGREEMENT

4.1 ETHERNET PRIVATE LINE (EPL)

These services provide for data transport services between end points in the Urbanfibre network infrastructure including Customer demarcation points at the Site, and can be point to point or point to multipoint. These services are delivered via Layer 2 VLAN trunks or dedicated VLANs based on the Customer’s service requirements. Measurement of service levels is based on acceptable metrics for latency and packet loss. Jitter is not measured at Layer 1 or 2 but generally Urbanfibre will accept the Customer’s Layer 3 jitter requirements as an acceptable metric. Urbanfibre does not delay or reorder packets as a general rule.

4.2 DEDICATED INTERNET ACCESS (DIA)

By utilizing Urbanfibre’s fibre optic network, customers can obtain broadband access speeds up to 10,000 Mbps to the Site and grow their access incrementally as required. Urbanfibre’s Customers will be treated as a group that has defined and measurable Service Level components listed below. The table below provides an overview of Urbanfibre’s Service Level components, broken down into measurable deliverables.

5. BASIS FOR SERVICE CREDITS

6. EXCLUDED ITEMS

a) Local access facilities not supplied or sub-contracted through Urbanfibre;

b) “Test and inquiry” trouble tickets;

c) “No Trouble Found” trouble tickets;

d) Outages where no trouble ticket has been established;

e) Disaster recovery activities;

f) The failure of Customer premises equipment (including but not limited to routers and integrated modems) not supplied by Urbanfibre as part of the service;

g) Instances where Urbanfibre or its agents are not afforded access to the Customer premises;

h) Outages during any period when the Customer has released service to Urbanfibre for the purpose of rearrangement of for the implementation of a Customer Order;

i) Negligence of the Customer or parties authorized by the Customer other than Urbanfibre;

j) Outages due to labour difficulties, governmental orders, civil commotion, acts of God and other circumstances beyond Urbanfibre’s reasonable control;

k) Scheduled Maintenance Window. Urbanfibre executes scheduled enhancements to its systems and network between the hours of 12 a.m. and 3 a.m. (Pacific Time) on Saturday mornings. Measurements during this period are excluded from the Service Level Agreement;

l) Problems originating outside the Urbanfibre Network. The Standard Service Levels cover the portion of the Service that is controlled by Urbanfibre. For example, problems beyond Urbanfibre’s interconnection at the Internet Network Access Points (NAPs) are not applicable;

m) Provisioning Not Completed. The provisioning process must be completed and the services declared operational in order for the Service Level Agreement to apply;

n) When a “build” is necessary to provide the service, or if the service is a non-standard design, the Provisioning On-Time Delivery guarantee will not apply;

o) Outages due to software and hardware defects of access devices and systems not under Urbanfibre control which provide service to and from the Urbanfibre defined Internet Services;