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If there are serious, ongoing problems with the performance of a network, or with significant portions of a global network, then customers should have negotiated the right to swap out that part of the network for an alternative. If this is not an option open to a customer, then the value of the SLA must be called into question.
In its most extreme form, significant network underperformance should be punishable by the cancellation of the contract - without penalty. Naturally, the terms under which this can be invoked need to be carefully agreed, but that is true of any element of an SLA. Again, customers trying to negotiate this with a carrier should expect extreme push-back as the carrier business model relies on heavy up-front investment recouped over a long period of time. Still, if a network is a mission-critical part of a business's