|
Spectrum Enterprise v.180530 CONFIDENTIAL Page 3 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<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 />
<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 />10
<br />DocuSign Envelope ID: 7298C647-357F-4210-9C30-5CB0E645E4A1DocuSign Envelope ID: 1578B3C5-9293-41A2-BA0E-833A382F61A4
|