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DocuSign Envelope ID:46FB6A5F-14C8-47E7-916B-01A68856DE44
<br /> Time Warner Cable Business Class Terms and Conditions
<br /> These Terms and Conditions,taken together with the Service Order Time signed by and between TWC and Customer("Service
<br /> Order")sliall constitute the agreement between TWC and Customer("A g ement"), In consideration of the mutual-promises and
<br /> agreements made herein and intending to be legally bound,the parties agree as follows;
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<br /> 1, SERVICE, Subject to the terms and conditions of this Agreement,TWC shall provide Customer with Data Services as more
<br /> :fully described on Exhibit A,which is incorporated herein(the"Service"), TWC shall trse commercially reasonable efforts to
<br /> provide the Service 7 days a week,24 hours a day,excluding scheduled maintenance,requiredrepair and events beyond TWC's
<br /> reasonable control, TWC's provision ofthe Service is subjeetto availability, Customer may request changes to the Service upon
<br /> the following terms and conditions;
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<br /> a, Bandwidth; Customer may make changes to the Service level at any service location as described on the Service
<br /> Order one time per month by providing a minimum of 30 days written notice;provided,however,that Customer
<br /> shall pay the change fee and maintain a minimum net monthly recurring charge of$10,265,00with respect to all
<br /> service locations,
<br /> b, Service Location Change;If Customer requires a Sorvice to be transferredfrom any existing service locationto a
<br /> new service location,or requires the demarcation point to be moved within the existing service location,then(I) �.
<br /> Customer will pay a non-recurring charge equal to TWC's equipment, engineering, and constructions costs as
<br /> determined by TWC;(ii)the monthlyrecurring charge must be at least equalto or greaterthan the monthlyrecurfing !
<br /> charge for the original service location,and(Iii)the Term ofthis Agreement will remain unchanged with respeot to
<br /> the new service location,
<br /> c. Addition of Service Loeatlotrst TWC acknowledges that during the Initial Term ofthis Agreement Customer may
<br /> open now service locations, TWC will accommodate such changes so long as (i) each now service location is
<br /> provisioned at a nrinhnum of 10Mbps ofservice at a minimum of$462,00 in netnew monthlyr'ecurrtng charges,and
<br /> (11) Customer pays a nonrecurring charge equal to TWC's equipment, engineering, and construction costs as
<br /> determined by TWC to provide service to a new service location, The Term of this Agreement will remain
<br /> unchanged with respect to the now service loeatlen(s),
<br /> 2, INSTALLATION, Customer shall obtain and maintain through out the Term(as defined in Section S below)such consents 1
<br /> (Including without limitation landlord and land owner consents)as are necessary to timely permit,and shall thnelypermit,TWC
<br /> personnel to install, deliver, operate and maintain the Service and Equipment as contemplated herein at Customor's facilities,
<br /> Customer shall permit TWC to access the Customer facilities during Customer's normal business hours,except in the event of
<br /> emergency or a Service problem in which Customermay access the facilities outside ofnormal business hours upon as muchnotico
<br /> as is practicable under the circumstances as needed to Install,configure,upgrade,maintain or remove the Equipment and other f
<br /> service components collocated at Customer's facilities, Customer shall make and maintain throughout the Torm all site I
<br /> preparations necessary to permit the installation,maintenance,and operation of the Service and anyEquipmont(as defined below)
<br /> as specified by TWC, Provided that Customer praperly performs all necessary site preparation and provides TWC with all +
<br /> required consents,TWC shall use eou=orclally reasonable efforts to install the Service in accordance with a mutually agreed upon
<br /> schedule, TWC shallprovide Customer with a completion notice("CompletionNotico")upon completion of the installation ofthe
<br /> Service, The Completion Notice will detail the successful ping of each customer prenriso device ("TWC Testing"), Upon
<br /> submission of the Completion Notice by TWC to Customer,TWC willinvoice Customer,and Customer shall incur its applicable
<br /> payment obligations, in accordance with Section 6 of this Agreement, Interconnection of the Service and Equipment with
<br /> Customer's equipment will be,performed by Customer, If additional testing, other than the TWC Testing,is required, TWC
<br /> reserves the rightto document and incorporate a change order,if appropriate,but TWC will not delay invoicing,and Customer's
<br /> payment obligation shall not be delayed,
<br /> 3, SUPPORT&MAINTENANCE. TWC shall use commercially reasonable efforts to maintain the TWC provided and �
<br /> installed cabling,routers and other TWC-installed equipment,if any,(collectively,the`Equipmol ')usedby TWCto provide the j
<br /> Service. TWC shaliprovide a telephone number and email address for inquiries and remote problem support for the Service, All
<br /> such Customer support shall be provided to Customer's help deslcl?0=1111e1 only, Customer's responsible for Interfacing with its
<br /> employees and end users. In no event shall TWC be responsible for providing such support for any network, equipment or
<br /> software notprovided and installed by TWC under this Agreement or forissuos or problems beyond its direct control, Customer
<br /> agrees to provide routine operational Service support for Equipment and service components collocated at Customer's facility,
<br /> including without limitation by performing reboots,as requested by TWC,
<br /> 4. CUSTOMER OBLIGATIONS, Customer's use of the Service (including all content transmitted via the Service)shall
<br /> comply with all applicable.laws and regulations and the terms of this Agreement and any Terms of Use(which are incorporated
<br /> heroin by this reference and made part of this Agreement for all purposes), Customer agrees not to resell or make any use of the
<br /> TWC BUSINESS CLASS PROPRIETARY&CONFIDENTIAL 1
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