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28 <br /> Ethernet Service ("Ethernet Service") <br /> Ethernet Service: Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. <br /> Connectivity is established between two or more Customer end-points under a unique customer topology.Spectrum will install the coaxial or <br /> fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge or network interface device, <br /> which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s). <br /> Spectrum's Ethernet Services are"On-Net"if they are provided by Spectrum to Service Locations through the Spectrum Network. Spectrum <br /> may, in its discretion, provide Customer with"Off-Net"services to geographic locations that are outside of Spectrum's service area or are not <br /> currently connected to the Spectrum Network through third party service providers. Off-Net Services may be subject to additional terms and <br /> conditions. <br /> Customer's use of Ethernet Service is subject to the following additional terms and conditions: <br /> 1. Spectrum's provision of Ethernet Services is subject to availability. <br /> 2. Spectrum shall have the right to disconnect(or demand the immediate disconnection of) any Ethernet Service that degrades any <br /> service provided to other subscribers on the Spectrum Network. Spectrum shall have the right, but not the obligation,to(a)monitor <br /> traffic on the Spectrum network, in its sole discretion; and (b) monitor Customer's bandwidth utilization as Spectrum deems <br /> appropriate to efficiently manage its Network. If Customer purchases Multi-Path Ethernet Service, Customer must ensure that no <br /> individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses <br /> and IP addresses). If Customer's Multi-Path Ethernet Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit <br /> such Path or data flow to 2 Gbps. For purposes of this Attachment, (i)"Path"shall mean a connection permitting data transmission <br /> between a MAC address and IP address and another MAC address and IP address, and (ii) "Multi-Path" shall mean Ethernet <br /> Services permitting data transmission between or among three (3)or more MAC addresses and IP addresses. <br /> 3. Customer shall not transmit or otherwise make available on or via the Ethernet Service any material (including any message or <br /> series of messages)that violates or infringes in any way upon the rights of others,that is unlawful,or that would constitute a criminal <br /> offense, give rise to civil liability or otherwise violate any law. <br /> 4. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Locations at periodic intervals <br /> as needed to verify Customer's compliance with this Service Agreement. <br /> 5. Customer's use of Ethernet Services is presumed by Spectrum to be jurisdictionally interstate, pursuant to the Federal <br /> Communications Commission's mixed use "10% Rule" (47 C.F. R. 36.154, 4 FCC Rcd. 1352). It is Customer's sole responsibility <br /> to notify Spectrum if Customer's use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as <br /> Customer's use of the Service remains not jurisdictionally interstate, Customer must certify at least annually that this condition <br /> remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such certification <br /> or if the Customer's certification is inaccurate or invalid, Customer shall be liable for any resulting fees,fines, penalties and/or costs <br /> incurred by Spectrum. In addition, if Spectrum determines that Customer's use of the Ethernet Services is likely to be deemed not <br /> to be jurisdictionally interstate, and therefore that Spectrum's provision of the Ethernet Services is likely to put Spectrum or its <br /> licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for Spectrum, then Spectrum <br /> may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as <br /> either(a)Customer provides Spectrum with satisfactory assurances that Customer's use of Ethernet Services shall be deemed to <br /> be jurisdictionally interstate or (b) Customer is otherwise brought into full compliance with any applicable laws and regulations. <br /> Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Indemnified <br /> Parties against any and all third party claims, liabilities, lawsuits, damages, losses,judgments, costs, fees and expenses incurred <br /> by any Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Spectrum <br /> Indemnified Parties, to the full extent that such arise from or relate to any fees, fines or penalties incurred by Spectrum as a result <br /> of Customer's violation of the 10% Rule. <br /> Spectrum Enterprise v.180530 CONFIDENTIAL Page 21 of 26 <br /> ©2016-18 Charter Communications.All Rights Reserved. <br />