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DocuSign Envelope ID:7298C647-357F-4210-9C30-5CBOE645E4A1
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<br /> (d) Installation. Spectrum will schedule one or more installation visits with Customer. At the Customer's request, Spectrum may perform
<br /> installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be
<br /> assessed reasonable,additional Service Charges based on Spectrum's actual incurred labor,material or other costs for such non-routine
<br /> installation or maintenance. Customer's authorized representative must be present during installation.
<br /> If Spectrum is unable to install the Service as a result of(i) Customer's (or any End User's) failure to deliver any required materials,
<br /> support or information to Spectrum; (ii)Customer's (or any End User's)failure to provide access to a Service Location; or(iii)Spectrum
<br /> not being able to obtain access to equipment at the Service Location as necessary for installation of the Service, then Customer shall
<br /> pay Spectrum a Service Charge at Spectrum's then prevailing rates for any installation trip made by Spectrum and an additional Service
<br /> Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum's installation of the Service is
<br /> delayed as a result of Customer's actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive
<br /> Services,then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the"Ready Notice")and may
<br /> begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty(60)days after the date of the
<br /> Ready Notice.
<br /> If during the course of installation Spectrum determines additional work is necessary to enable Spectrum to deliver the Services to the
<br /> Service Location, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a
<br /> quote or Service Order. If Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5)
<br /> business days of receiving the same, Customer and Spectrum shall each have the right to terminate the applicable Service Order.
<br /> Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entitles when authorized
<br /> by Customer to allow connection of a Service Location to the Network.
<br /> Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer-provided or End User equipment
<br /> (collectively, "Customer Equipment"), unless otherwise set forth in an Attachment or agreed in writing between the Parties, and shall
<br /> conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical
<br /> specifications for the Service provided by Spectrum.
<br /> Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and
<br /> for those damages directly caused by Spectrum's faulty workmanship or installation of the Service, provided that the boring of holes or
<br /> insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of
<br /> normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes,in Spectrum's sole opinion,
<br /> hazardous or dangerous to Spectrum's employees or Network, the public, or property, including without limitation due to the presence
<br /> of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such
<br /> time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall
<br /> bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions.
<br /> 6. EQUIPMENT.
<br /> (a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum
<br /> Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service
<br /> Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment or materials
<br /> owned or provided by Customer. Customer shall not,and shall not cause any third party to, move,modify,disturb,alter, remove,relocate
<br /> to another Service Location, install software not provided by Spectrum,or otherwise tamper with any portion of the Spectrum Equipment
<br /> without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's
<br /> or an End User's facilities. Customer shall also ensure that all Spectrum Equipment at Customer's and End Users' Service Location(s)
<br /> remains free and clear of all liens and encumbrances.
<br /> (b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not
<br /> Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable
<br /> security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment.
<br /> Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges(including
<br /> other non-Spectrum switches, collectively, "PBXs"), where applicable, and any applications accessible through use of Customer
<br /> Equipment,and shall be solely responsible for any conduct through and any charges incurred on Customer's Service account, regardless
<br /> of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer
<br /> informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer's responsibilities, Spectrum has the right to
<br /> implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used
<br /> by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without
<br /> limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or
<br /> becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum
<br /> Equipment, or connection to the Spectrum Network.
<br /> Spectrum Enterprise v.180530 CONFIDENTIAL Page 3 of 26
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