SERVICE LEVEL AGREEMENT (For Dark Fibres) This is the Dark Fibres Service Level Agreement referred to in the

Telecommunications Service Agreement between the Customer and Atria Networks LP ("Atria"). All capitalized terms that are not defined herein shall have the meaning given to such terms in the Telecommunications Service Agreement, and the Standard Terms and the AUP, in effect as of the date of the Telecommunication Service Agreement and posted on Atrias Website.

1.

Service Level Agreement

Atria agrees that it will make commercially reasonable efforts to meet the minimum service levels set out in this Service Level Agreement (SLA) in respect of the Dark Fibres throughout the operating term.

2.

Minimum Service Levels

The minimum service levels for the Dark Fibres are as follows: (a) (b) Attenuation levels: Not to exceed 0.5 dB per km of fibre and 0.01 dB per splice After release of the Dark Fibres, if the Customer suspects a loss of performance, the Customer will measure the performance of the Dark Fibres. If the Dark Fibres (or any of them) do not meet the Minimum Service Levels as measured by the Customer, the Customer will advise Atria of such failure by telephone (as contemplated in the service call procedure set out in paragraph 7 of this SLA). Atria shall then confirm the performance of the Dark Fibres and use its commercially reasonable efforts to make any required repairs or, at Atria's option, to substitute replacement fibres for the affected Dark Fibres. If repairs are not completed (and confirmed) within ten (10) business days of Atria receiving notice from the Customer, or if the affected Dark Fibres are not replaced, the Customer shall have the right to cancel the Agreement in respect of the affected Dark Fibres only in accordance with paragraph 11 of this SLA. If Atria elects to substitute replacement fibres for the affected Dark Fibres then the replacement fibres shall thereafter be deemed to constitute Dark Fibres for the purposes of this SLA in place of the affected Dark Fibres.

3.

Target for Availability

The target available time for the Dark Fibres provided by Atria to the Customer is equal to 99.96% of the time in a calendar year. Availability is calculated by dividing the measured available time by the total time in a calendar year, expressed as a percentage. The measured available time is the total time in a calendar year less the measured unavailable time. Subject to any other terms in this SLA, the Dark Fibres are deemed to be unavailable to the Customer when the Dark Fibres (or any of them) are fully interrupted, or fail to meet designated specifications as contemplated in this SLA, such that the Dark Fibres cannot be accessed or used by the Customer (an "Outage"), but excluding any such circumstances arising as the result of any event contemplated in the Standard Terms.

4.

Calculation of Measured Unavailable Time

The Measured Unavailable Time starts upon notification of an Outage by the Customer to the Atria Customer Care Centre by telephone and the release of the affected Service by the Customer to Atria for testing and repair. The measured unavailable time ends when the affected Service is restored. Atria will notify the Customer by telephone and the Customer will confirm that the affected Service has been restored. Additional time taken by the Customer to perform confirmation testing is not included in the measured unavailable time if the Service is in fact restored. The Customer acknowledges that Atria does not monitor use of the Dark Fibres and that the Customer is responsible to notify Atria of any Outages or other service issues.

Dark Fibres SLA Version 4.00

5.

Target Mean Time To Repair

Mean Time to Repair (MTTR) is defined as the total network outage time for the Customers trouble tickets in a measured year divided by the number of tickets. The target MTTR is four (4) hours following receipt of a Service Call from the Customer.

6.

Credits for Measured Unavailable Time

If an Outage occurs for any of the Dark Fibres then the Customer shall be entitled to the following credit in respect of the affected Dark Fibres only: Measured Unavailable Time Following Receipt of a Service Call from the Customer 0 minutes to 4 hours >4 hours to 24 hours >24 hours to 48 hours >48 hours Credit

No credit 1 day credit 1 week credit 1 month credit

In order to receive the foregoing credit, the Customer must notify, in accordance with the Standard Terms, Atria of its claim for a credit within thirty (30) days of the Outage for which a credit is claimed.

7.

Service Call Procedure

The Customer shall contact the Atria Customer Care Centre to report all service problems. The telephone number for contacting the Customer Care Centre is (613) 225-4631 ext. 3. The Customer must have the following information: (i) (ii) (iii) Customer number The circuit numbers affected A description of the problems encountered

During the Service Call, Atria will open a ticket indicating the exact time the Service Call was received, the name of the person placing the call, and the details of the Service Call, including the Circuit numbers affected. A reference number (ticket) will be supplied to the Customer during the call. If a reference number cannot be supplied during the call, one will be supplied as soon as practical.

8.

Service Level Exemptions

Degradation in the performance of the Dark Fibres and unavailable time shall not be included for the purposes of determining whether the Dark Fibres meet the Minimum Service Level, or for calculating measured unavailable time if such degradation or unavailable time arises from: (i) Scheduled Maintenance or other service interruptions agreed to by the Customer for the purpose of allowing Atria to upgrade, change, implement an order, maintain, or repair the Dark Fibres; (ii) directly or indirectly as the result of the acts or omissions of the Customer, any person for whom the Customer is legally responsible, or any person using the Dark Fibres; (iii) failure of equipment or systems not provided, or under the control or direction of Atria including equipment or systems Atria may obtain or contract for at the request of the Customer (and, in the event of a degradation in the Dark Fibres below the Minimum Service Level or an Outage occurring as the result of such circumstances Atria will co-ordinate with the provider to remedy such failure as quickly

Dark Fibres SLA Version 4.00

as possible); (iv) any failure by the Customer to afford access to any location for which the Customer is responsible, or to any facilities of Atria for the purpose of investigating and correcting a degradation in the Dark Fibres or an Outage; and (v) any event contemplated in section 12 of the Standard Terms.

9.

Scheduled and Unscheduled Maintenance

Scheduled Maintenance means any maintenance activities performed on the Atria network to which Customer's facilities are connected provided that Customer shall be given at least 15 week days' advance notice of such maintenance activities. Such activities are typically performed during the standard maintenance window on Sundays 00:01 and 6:00 am local time. Notice of scheduled maintenance shall be given to Customer's designated Change Management (CM) Single Point of Contact (SPOC) on the Customer Support Contact Form and any amendments thereto, by a method elected by Atria (telephone, e-mail, fax or pager). The Customer may change its CM SPOC upon reasonable advance written notice to Atria. Unscheduled maintenance means any maintenance activities performed on the Atria network to which Customers facilities are connected as a result of a Threat or an Emergency. A Threat is defined as a situation or condition that would not normally cause an outage to a Customer but introduces a very low risk to services or may lead to a brief service interruption. Examples include optical cable splicing, contractor working near Atria fibre cables and digging within three metres of an Atria fibre cable. In the case of a Threat Atria will strive to provide customers with three business days advance notice. In the event of an Emergency (defined as unplanned critical repairs, acts of vandalism and/or nature that has caused or could cause a degradation or interruption of service) Atria will make best efforts to provide customers with short-term notice and an estimated time to repair.

10.

Application of Credits

Credits shall be applied in respect of the next billing period and shall be based on the monthly rates in effect at that time. Calculation of all credits shall be based on the call log and other records maintained by Atria. In no event shall any credit be awarded in excess of the monthly rates for the affected Dark Fibre in effect at the time the credit is applied. If credits remain payable following the termination of the Agreement, the Customer shall be entitled to receive a rebate equal to the amount of such credits.

11.

Cancellation of Services

Notwithstanding anything to the contrary in the Agreement, the Customer may elect by providing notice in writing to Atria to terminate the provision of any of the Dark Fibres without liability for early termination (other than on account of charges incurred prior to cancellation) at any time, but in respect of the affected Dark Fibres only, if: (i) 2 or more Outages having a measured unavailable time of more than 4 consecutive hours occur to such Dark Fibres in any 30 consecutive days; (ii) there have been chronic Outages to such Dark Fibres where no credits have been allowed, but the events have been recorded in the Atria Customer Care Centre log, and Atria has failed to correct such Outages to the Customer's satisfaction within 3 months of the first recorded Outage; (iii) such Dark Fibres fail to meet the Minimum Service Levels during the operating term and Atria does not correct such failure (and confirm such correction), or substitute replacement fibres for such Dark Fibres, within ten (10) business days after Atria receives notice of such failure; or (iv) an Outage or degradation in such Dark Fibres below the Minimum Service Levels, or failure to correct any such Outage or degradation, occurs as the result of any event contemplated in the Standard Terms and Atria does not correct such Outage or failure within 30 days of such occurrence.

Dark Fibres SLA Version 4.00