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9 <br /> COMMERCIAL TERMS OF SERVICE <br /> These Terms of Service include all Attachments hereto ("Attachment(s)"), and all, and other documents identified hereunder, each of which <br /> are incorporated herein by reference.The Attachments further describe Spectrum's services(each a"Service"or collectively the"Services") <br /> and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a "Party" or <br /> collectively as the"Parties." Unless specifically set forth in any Attachment,capitalized terms shall have the meanings set forth in this Service <br /> Agreement. <br /> GENERAL <br /> 1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the <br /> signatures of the Parties;or(b)Spectrum's commencement of performance(the"Effective Date"). The Service Agreement shall remain <br /> in effect for twenty-four months after the Effective Date, unless terminated in accordance with this Service Agreement (the <br /> "Term"). After termination of the Term, Service will continue in effect for any active Service Orders under the terms and <br /> conditions of this Service Agreement, until expiration or termination of such Service Order. <br /> 2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by Spectrum. Upon Spectrum's <br /> acceptance of a Service Order, as indicated either by: (a) Spectrum's written acceptance, (b)by Spectrum's delivery of the Services,or <br /> (c)commencement of installation,such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide <br /> the Services to Customer at the Service address(es)specified in the applicable Service Order("Service Location(s)"). <br /> 3. ORDER TERM. The "Initial Order Term" is the time period starting on the date the Services are functional in all material respects and <br /> available for use (the"Billing Start Date"), and continuing for the period of time specified in the Service Order(s). If no Initial Order Term <br /> is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial <br /> Order Term,the applicable Service Order shall renew for successive one-month terms(each a"Renewal Order Term", collectively with <br /> the Initial Order Term,the"Order Term"), unless either Spectrum or Customer elects to terminate the Service Order by providing notice <br /> to the other at least thirty(30)days in advance of the expiration of the then-current Order Term. <br /> 4. AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all Spectrum service areas and <br /> Spectrum may decline to provide any requested Services. Spectrum's ability to provide Services depends upon its ability to secure and <br /> retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole <br /> attachments and conduits to serve the Service Location. Spectrum may decline to accept or terminate a Service Order upon notice to <br /> Customer because of (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of <br /> available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond Spectrum's <br /> control. <br /> 5. SERVICE LOCATION ACCESS AND INSTALLATION. <br /> (a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to <br /> provide the Services and to review,install,inspect,maintain,repair,or remove any Spectrum-provided cabling,modems,related splitters, <br /> routers or other equipment("Spectrum Equipment")used to provide the Services. If Customer owns or controls the Service Location(s), <br /> Customer hereby grants Spectrum permission to enter the Service Location(s)in order for Spectrum to fulfill its obligations and exercise <br /> its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with <br /> Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party,then <br /> Spectrum may decline Customer's request for Services, or terminate or amend the affected Service Order with respect to the Service <br /> Location that Spectrum cannot access,without any liability to Customer. <br /> (b) Installation Review. Spectrum may perform an installation review of each Service Location prior to installation of the Services to <br /> determine serviceability or the need to extend Spectrum's facilities, fiber optic cable, electronics, or other equipment (collectively, the <br /> "Network")to provide the Services at the Service Location. If during the installation review, Spectrum determines that additional work is <br /> required to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service <br /> Charges (as defined below) in excess of the amounts previously specified in a quote or Service Order. Upon request, Customer shall <br /> provide Spectrum with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility <br /> service maps, prior to the installation review. <br /> (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s)for delivery and installation of <br /> Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer's equipment,furniture <br /> and furnishings as necessary to access the Spectrum Equipment or Services. In addition, Customer shall provide Spectrum with floor <br /> space, rack space, other space and clean power as is reasonably necessary for the installation and operation of Spectrum Equipment <br /> at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses <br /> whatsoever in connection with Customer's provision of space, power, or access as described herein, or otherwise in connection with <br /> Customer's performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user <br /> accessing or using the Services ("End User") shall be borne solely by Customer. Any failure or refusal by Customer to be ready to <br /> receive Services does not release Customer from its obligation to pay Service Charges for any Service that is otherwise available for <br /> Customer's use. <br /> Spectrum Enterprise v.180530 CONFIDENTIAL Page 2 of 26 <br /> ©2016-18 Charter Communications.All Rights Reserved. <br />