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DocuSign Envelope ID:7298C647-357F-4210-9C30-5CBOE645E4A1
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<br /> 15. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals
<br /> and regulatory authority required by law with respect to Spectrum's operation and provision of the Services as contemplated in the
<br /> Service Agreement,and Customer shall obtain and maintain at its own expense all licenses,approvals and regulatory authority required
<br /> by law with respect to Customer's use of the Services as contemplated in the Service Agreement. Unless specified otherwise in the
<br /> Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations
<br /> relating to its performance obligations specified in the Service Agreement. The Service Agreement is subject to all applicable federal,
<br /> state or local laws and regulations in effect in the relevant jurisdiction(s)in which Spectrum provides the Services. If any provision of the
<br /> Service Agreement contravenes or is in conflict with any such law or regulation,then the terms of such law or regulation shall take priority
<br /> over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being
<br /> provided under the Service Agreement,then such law or regulation shall take priority over the relevant provision of the Service Agreement
<br /> only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing
<br /> contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining
<br /> to the installation, construction, operation, maintenance or removal of the Services,facilities or equipment.
<br /> 16. REGULATORY CHANGES. In the event of any change in applicable law, regulation,decision, rule or order, including without limitation
<br /> any new application of or increase in any government-or quasi-government-imposed fees or charges that increases the costs or other
<br /> terms of Spectrum's delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable
<br /> to any facilities used by Spectrum in providing the Service, Customer acknowledges and agrees that Spectrum may pass through to
<br /> Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable
<br /> efforts to notify Customer at least thirty(30)days in advance of the increase. In such case,and if such increase materially increases the
<br /> Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty(30)days
<br /> after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer
<br /> notifies Spectrum at least thirty(30)days in advance of Customer's requested termination date. Further, in the event that Spectrum is
<br /> required to file tariffs, rate schedules, or price guides with a regulatory agency or otherwise publish or make generally available its rates
<br /> in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set
<br /> forth in the applicable tariff, rate schedule,or price guide shall govern Spectrum's delivery of,and Customer's use or consumption of the
<br /> Service. In addition,if Spectrum determines that offering or providing the Service,or any part thereof,has become impracticable for legal
<br /> or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without
<br /> liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such
<br /> determination.
<br /> 17. ARBITRATION. INTENTIONALLY OMITTED.
<br /> 18. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
<br /> (a) Spectrum's Proprietary Rights. All materials including,but not limited to,any Spectrum Equipment(including related firmware),software,
<br /> data and information provided by Spectrum,any identifiers or passwords used to access the Service or otherwise provided by Spectrum,
<br /> and any know-how, methodologies or processes including,but not limited to,all copyrights,trademarks, patents,trade secrets,any other
<br /> proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively"Spectrum Materials")
<br /> shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer
<br /> shall acquire no title to,interest or right(including intellectual property rights)in the Spectrum Materials by virtue of the payments provided
<br /> for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of
<br /> the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in
<br /> whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any
<br /> security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer
<br /> herein are reserved to Spectrum or its suppliers. Customer shall not open,alter,misuse,tamper with,or remove the Spectrum Equipment
<br /> or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment
<br /> or Spectrum Materials indicating Spectrum (or its suppliers)ownership or serial numbers.
<br /> (b) Confidentiality. To the extent permissible under the law including the public records laws of NCGS Chapter 132,Customer agrees
<br /> to maintain in confidence,and not to disclose to third parties or use, except for such use as is expressly permitted herein,the Spectrum
<br /> Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not
<br /> limited to the contents of this Service Agreement and any Service Orders. To the extent permissible, Customer may not issue a press
<br /> release, public announcement or other public statements regarding the Service Agreement without Spectrum's prior consent.
<br /> (c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable
<br /> license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer's internal
<br /> business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn
<br /> the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to
<br /> Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of
<br /> the Software provided to Customer.
<br /> 19. PRIVACY. Spectrum also maintains a Privacy Policy with respect to the Services in order to protect the privacy of its customers. The
<br /> Privacy Policy may be found on Spectrum's website at http://enterl)rise.spectrum.com/. The Privacy Policy may be updated or modified
<br /> from time-to-time by Spectrum, and will provide at least 30 days prior written notice of any such revision. Customer shall have
<br /> 30 days from the date it receives written notice of such revision to provide Spectrum with notice that the revisions materially
<br /> and adversely affect Customer's use of the Services. If after receipt of such notice Spectrum is unable to reasonably mitigate
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