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Spectrum Enterprise v.180530 CONFIDENTIAL Page 8 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<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://enterprise.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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