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Service Level Agreement (SLA) Interpretive

This document does not form part of Rainy Day's SLA, but serves to provide clarification on how it is applied, particularly regarding calculation of credits for service outages. This document is intended to help clarify how MTTR is calculated when force majeure conditions apply. Rainy Day will not credit the Customer for that portion of an Interruption which is caused by failure or delay not otherwise considered an Interruption under the SLA terms and conditions.

Under Rainy Day's SLA, the “Service Interruption” Definition refers to:

1. Power Outages

Power outages in excess of 6 hours in duration.

Interpretive Note

1.1. Rainy Day takes steps to mitigate or prevent outages caused by power failures, but extended power failures may not be within our ability to bridge – an example might be weather conditions causing a widespread blackout, in which case many of our clients' sites could be shut down as a result. Other examples exist, but this is typically a force majeure clause where Rainy Day nevertheless takes responsibility during the first several hours of such an outage so that shorter outages remain under consideration by the SLA.

2. Weather Conditions

Delays or failures caused by weather conditions or delay in gaining access to properties not controlled by Rainy Day, including the Customer's premises.

Interpretive Notes

2.1. This is a force majeure clause in the SLA that serves to make allowances for circumstances beyond the control of Rainy Day which may cause an outage or delay restoration of service. The following are examples (not exhaustive) of conditions which in Rainy Day's calculation of SLA credits constitute force majeure for which credits will be adjusted:

2.2. delay during a weather warning, watch, or advisory issued by Environment Canada, specifically if outdoor work is required to restore service; applicable weather conditions are as outlined at:
http://www.msc-smc.ec.gc.ca/cd/brochures/warning_e.cfm as amended and updated from time to time. Notwithstanding weather advice from Environment Canada, Rainy Day will still make reasonable efforts to restore service.

2.3. delay during highway closures or travel advisories which limit or bar access to sites or equipment to which access is necessary to restore service; applicable closures and advisories are accessible via http://tgs.gov.mb.ca/roadinfo/default.asp?varLanguage=English as amended and updated from time to time, or as imposed by local authorities with or without public notice. (Notwithstanding travel or access delays from Manitoba Transportation & Government Services or local authorities, Rainy Day will still make reasonable efforts to restore service.)

2.4. delay caused by darkness if a tower climb or other outdoor work is required in order to diagnose an outage or to restore service.

2.5. delay caused by lack of access to premises or equipment when physical access to the equipment or premises is required to diagnose the outage or to restore service. As can be seen from a review of these examples, most delay conditions relate to matters which are not under the reasonable control of Rainy Day or which may be under Rainy Day's control but would create safety concerns for personnel – for example, climbing a tower in extreme cold or darkness causes a safety risk to workers, and delay from these circumstances is therefore not considered in SLA credit calculations.

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