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Spectrum Enterprise v.180530 CONFIDENTIAL Page 12 of 26
<br />©2016-18 Charter Communications. All Rights Reserved.
<br />Attachment A
<br />Spectrum Business TV and Enterprise TV Service
<br />(collectively, “TV Service”)
<br />Spectrum Business TV Service:Spectrum Business TV Service includes television programming services, including the package of
<br />channels and music programming as designated in a Service Order. Customer must notify Spectrum if Customer’s use of the Service
<br />will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium
<br />programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or Epix, or Customer premise equipment such as DVRs
<br />(collectively, “Premium Services”).
<br />Spectrum Enterprise TV Service:Spectrum Enterprise shall provide the customized multi-channel video programming service
<br />(“Enterprise TV Service”) to Customer’s Service Location(s) identified in a Service Order. Enterprise TV Service includes Government
<br />TV, Healthcare TV, Hospitality TV, and Education/University TV. Enterprise TV Service includes the channel line-up and those premium
<br />and other pay-per-view, video-on-demand, or any visual content as mutually agreed upon in the Service Order. If specified in the
<br />Service Order, Spectrum will provide Premium Services to Customer.
<br />1. Music Programming. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the
<br />American Society of Composers, Authors & Publishers, Broadcast Music, Inc., and SESAC, Inc. or their respective successors, and
<br />any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's
<br />transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall
<br />not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license
<br />permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Service is being
<br />displayed or are to be displayed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in
<br />conjunction with the performance of the TV Service.
<br />2. Spectrum Equipment. Spectrum owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and
<br />operate its TV Service, Network, and Spectrum Equipment, except for (i) any video display terminals (“Connections”) or inside wiring
<br />owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Network or
<br />Spectrum Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum)
<br />Customer shall own such items and Customer hereby grants to Spectrum the non-exclusive right to access and use such space
<br />during the Order Term as provided in the Service Agreement. The inside wiring and Connections shall be provided and installed by
<br />Customer, at its sole expense, in consultation with Spectrum and any specifications provided by Spectrum to Customer in writing.
<br />Spectrum shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections
<br />or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is
<br />due to the Customer’s failure to promptly provide Spectrum with access to the Service Location to inspect, monitor, repair, and/or
<br />replace the TV Service or Spectrum Equipment. If changes in technology require the use of specialized equipment to continue to
<br />receive Spectrum Business TV Service, Spectrum shall provide such Spectrum Equipment, and Customer shall pay for such
<br />Spectrum Equipment at the same rate charged by Spectrum to commercial customers in the same service area as the Service
<br />Location.
<br />3. Provision of Service. Spectrum may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any
<br />or all of the advertised programming comprising, packaging of, channel line-ups applicable to, and/or distribution of its TV Service.
<br />Spectrum may make certain TV Service available via mobile applications or third party hardware to Customer and its End Users,
<br />which may be subject to additional terms and conditions.
<br />4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and
<br />that no part of the TV Service is received at any other location, including but not limited to locations where an admission fee, cover
<br />charge, minimum or like sum is charged. Customer shall not and shall not authorize or permit any other person to (i) copy, record,
<br />dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Service (or any part thereof); (ii) transmit
<br />the TV Service by any television or radio broadcast or by any other means or use the TV Service outside the Service Location; (iii)
<br />move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Service or
<br />interrupt any performance of the TV Service for the making of any commercial announcements. Customer acknowledges that such
<br />duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under
<br />applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non-residential
<br />buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public viewing, only the
<br />TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay-per-view (PPV)
<br />programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibition of PPV programming
<br />in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject
<br />to Spectrum’s prior written consent.
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